HomeMy WebLinkAbout06-6145METTE, EVANS & WOODSIDE
Lloyd R. Persun, Esquire
Identification No. 10139
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO.Q(s --L14JS l? tU L ? -'?
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without you and a judgment may
be entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or for any other claim or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE
MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108 or 717-249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los
pr6ximos veinte (20) dias despuds de la notificaci6n de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108 or 717-249-3166
2
METTE, EVANS & WOODSIDE
Lloyd R. Persun, Esquire
Identification No. 10139
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. OLD - lot 4-S 0",
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, this day of October, 2006, Plaintiff, COMMERCE
BANK/HARRISBURG, N.A., by its attorneys files the following Complaint in Mortgage
Foreclosure:
1. Plaintiff is Commerce Bank/Harrisburg, N.A., a national banking
institution with offices at Commerce Center, 3801 Paxton Street, Harrisburg, Pennsylvania
17111.
3
2. Defendants are adult individuals who are husband and wife residing at 8
Megan Court, New Cumberland, Pennsylvania 17070.
3. By Note dated March 12, 2002 in the original principal amount of Fifty
Thousand Dollars ($50,000.00), Pinnacle Specialty Contractors, Inc. (Pinnacle) is indebted to
Plaintiff. A true and correct copy of the Note is attached hereto as Exhibit "A" and made a part
hereof (the "Note").
4. By their Unconditional Guarantee dated March 12, 2002, Defendants
unconditionally guaranteed Pinnacle's payment and performance of its obligations to Plaintiff
under the Note and the Loan Documents defined therein. A true and correct copy of Defendants'
Unconditional Guarantee is attached hereto as Exhibit "B" and made a part hereof (the
"Guarantee").
5. The payment and performance of the obligations of Pinnacle and
Defendants under the Note and the Guarantee are secured by a lien and security interest created
by a Mortgage dated March 12, 2002, executed by Defendants as mortgagor in favor of Plaintiff
as mortgagee and recorded on March 25, 2002 in the Cumberland County Recorder of Deeds
Office in Record Book 1753, Page 0303. A true and correct copy of the Mortgage is attached
hereto as Exhibit "C" and made a part hereof (the "Mortgage").
6. The real property subject to the Mortgage is located at and known as 8
Megan Court, in the Borough of New Cumberland, Cumberland County, Pennsylvania 17070 as
more particularly described in the Mortgage (the "Real Property")
4
7. Defendants are the real owners of the Real Property.
8. The indebtedness evidenced by the Note, guaranteed by Defendants'
Guarantee and secured by the Mortgage is in default. Defendants have failed to make monthly
payments which are now past due for July 1, 2006, August 1, 2006, September 1, 2006 and
October 1, 2006.
9. Notices of the defaults and the Defendants' rights under the Homeowner's
Emergency Mortgage Assistance Act of 1983 and Act No. 6-1974 were provided to Defendants
on September 8, 2006 by first class mail and by certified mail. A true and correct copies of such
Notices are attached hereto as Exhibit "D" and made a part hereof (the "Notice")
10. On information and belief, Defendants did not take any action described in
the Notice.
11. As of October 4, 2006, the amount of such indebtedness is $53,081.76,
which is computed as follows:
Principal
Interest as of 10-4-06
Late fees as of 10-4-06
$50,968.38
1,804.72
308.66
Total
$53,081.76
5
Interest continues to accrue on the indebtedness at the rate of the New York Prime plus 2.00%
per annum as provided in the Note. Attorneys' fees and expenses accrue and continue to accrue
after October 4, 2006.
12. Plaintiff is entitled to Judgment in Mortgage Foreclosure.
WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter
Judgment in Mortgage Foreclosure in its favor and against Defendants in the amount of
$53,081.76 plus all costs and attorneys' fees and expenses, interest after October 4, 2006 at the
rate of the New York Prime plus 2.00% per annum as provided in the Note and all other charges
and expenses provided in the Note, the Guarantee and the Mortgage and authorizing sale of the
Real Property by the Sheriff of Cumberland County on such Judgment in Mortgage Foreclosure.
Respectfully submitted,
Lloyd . Persun, Esquire
I.D. No. 10139
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
Telephone: (717) 232-5000
Attorney for Plaintiff
6
VERIFICATION
I, Angela A. Masser, as a Vice President of Commerce Bank/Harrisburg, N.A.,
have read the foregoing Complaint in Mortgage Foreclosure and verify that the facts set forth
therein are true and correct according to the best of my knowledge, information and belief and
that as such Vice President I am authorized to executed this Verification on behalf of the bank.
I understand that any false statement made herein is subject to the penalties of 18
Pa. C.S.A. §4904, relating to unworn falsification to authorities.
Angela A.
Dated: October /0 , 2006
457749v1
t
WS Small Husinr-cs Administration
a
U.S. Small Business Administration
NOTE
SBA Loan # EXP 524-730-4007
SBA Loan Name Pinnacle Specialty Contractors, Inc.
Date March 12, 2002
Loan Amount 50,000.00
Interest Rate New York Prime + 2.00%, initial rate of 6.75%
Borrower Pinnacle Specialty Contractors, Inc.
Operating
Company
N/A
Lender Commerce Bank/Harrisburg, N.A.
1. PROMISE TO PAY:
In return for the Loan. Borro,,ver promises to pay to the order of Lender the amount of
thousand and 00/100 ------------------------------------------------------------------------------------- Dollars.
interest on the unpaid principal balance. and all other amounts required by this Note.
2. DEFINITIONS:
"Collateral" means any property taken as security for payment of this Note or any guarantee of this Note.
"Guarantor" means each person or entiv that signs a guarantee of payment of this Note.
"Loan" means the loan evidenced by this Note.
"Loan Documents" means the documents related to this loan signed by Borrower. any Guarantor. or anyone Nvho
pledges collateral.
"SBA" means the Small Business Administration. an Agency of the United States of America.
SBA Form 147 (10122198) Previous editions obsoiete Paoe 1r6
3. PAYMENT TERMS:
Borrower must make all payments at the place Lender designates. The payment terms for this Note are:
a) Maturity.
This Note will mature five (5) years from date of Note.
b) Repayment Terms:
This loan is a revolving line of credit. Borrower may make advances on the line of credit up to the
maximum thereof from time to time. Each advance shall be in an amount not less than $500 and is
subject to Borrower's credit limit. Lender reserves the right to decline advances based on changes in
Borrower's financial condition. Borrower may not make any advances after an event of default.
Borrower will pay this loan on demand, or if no demand is made, in one payment of all outstanding
principal plus all accrued unpaid interest in five (5) years from date of Note. The Note will mature in five
(5) years from date of Note. In addition, Borrower will pay regularly monthly payments of accrued
unpaid interest based upon the principal balance outstanding from time to time beginning the first day
of the second month from the date of the Note. All subsequent monthly interest payments are due on
the first day of each month thereafter.
The interest rate on this Note will fluctuate. The initial rate of interest will be 6.75%. This initial
interest rate is the prime rate on the date the SBA received the loan application, plus 2.00%.
Lender will apply each installment payment first to pay interest accrued to the day Lender receives the
payment, then to pay any late fees, and will apply any remaining balance to reduce principle.
Borrower agrees that if a default occurs on this Note or any other outstanding SBA or SBA guaranteed
loan, Lender has the option to make this Note and such other loans immediately due and payable.
The adjusted interest rate will be 2.00% above the Prime Rate. Lender may adjust the interest rate for
the first time on the first day of the calendar quarter following the date of Note and on the first day of
each calendar quarter thereafter. The change in interest rate is effective on that day whether or not
Lender gives Borrower notice of the change.
The "Prime Rate" is the prime rate published in the Wall Street Journal, in effect on the first business
day of the month in which a change occurs.
If SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes
fixed at the rate in effect at the time of the earliest uncured payment default. If there is no uncured
payment default, the rate becomes fixed at the rate in effect at the time of purchase.
Late Charge: If a payment on this Note is more than ten (10) days late, Lender may charge Borrower
a late fee of up to 5% of the unpaid portion of the regularly scheduled payment.
Lender computes interest on a 30/360 day basis.
SBA Form 147 (10/22198) Previous editions obsciete Page 216
J. RIGHT TO PREPAY:
Borrower may prepay this Note. Borrower may prepay 20 percent or less of the unpaid principal balance at am time
without notice. If Borrower prepays more than 20 percent and the Loan has been sold on the secondary market.
Borrower must:
A. Give Lender written notice:
B. Pav all accrued interest: and
C. If the prepayment is received less than 21 days from the date Lender receives the notice. pay an amount equal to 2 1
days interest from the date lender receives the notice. less any interest accrued during the 21 days and paid under
subparagraph B.
If Borrower does not prepay within 60 days from the date Lender receives the notice. Borrower must give Lender a
new notice.
5. DEFAULT:
Borrower is in default under this Note if Borrower does not make a payment when due under this Note. or if Borrower
or Operating Company:
A. Fails to do anything required by this Note and other Loan Documents:
B. Defaults on any other loan with Lender:
C. Does not preserve. or account to Lender's satisfaction for. any of the Collateral or its proceeds:
D. Does not disclose. or anyone acting on their behalf does not disclose. any material fact to Lender or SBA:
E. Makes. or anyone acting on their behalf makes. a materially false or misleading representation to Lender or SBA:
F. Defaults on any loan or agreement with another creditor. if Lender believes the default may materially affect
Borrowers ability to pay this Note:
G. Fails to pay any taxes when due:
H. Becomes the subject of a proceeding under any bankruptcy or insolvency law:
1. Has a receiver or liquidator appointed for any part of their business or property:
J. Makes an assignment for the benefit of creditors.
K. Has any adverse change in financial condition or business operation that Lender believes may materially affect
Borrowers ability to pay this Note:
L. Reorganizes. merges. consolidates. or otherwise changes ownership or business structure without Lender's prior
written consent: or
M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrowers ability to
pay this Note.
6. LENDER'S RIGHTS IF THERE IS A DEFAULT:
Without notice or demand and without giving up any of its rights. Lender may:
A. Require immediate payment of all amounts owing under this Note:
B. Collect all amounts owing from any Borrower or Guarantor:
C File suit and obtain judgment:
D. Take possession of any Collateral:. or
E. Sell. lease. or otherwise dispose of. any Collateral at public or private sale, with or without advertisement.
Page 1,16
SBA. Form 147 (10/22198) Previous editions obsoiete
7. LENDER'S GENERAL POWERS
Without notice and without Borrowers consent. Lender may:
A. Bid on or buy the Collateral at its sale or the sale of another lienholder. at any price it chooses.
B. Incur expenses to collect amounts due under this Note. enforce the terms of this Note or any other Loan
Document. and preserve or dispose of the Collateral. Among other things. the expenses may include payments
for propem, taxes, prior liens. insurance. appraisals. environmental remediation costs. and reasonable attorney's
fees and costs. If Lender incurs such expenses. it may demand immediate repayment from Borrower or add the
expenses to the principal balance:
C. Release anyone obligated to pay this Note.
D. Compromise. release. renew. extend or substitute an of the Collateral: and
E. Take anv action necessan to protect the Collateral or collect amounts owing on this Note.
g, WHEN FEDERAL LAW APPLIES
When SBA is the holder. this Note will be interpreted and enforced under federal law. including SBA regulations.
Lender or SBA may use state or local procedures for filing papers. recording documents. giving notice. foreclosing
liens, and other purposes. By using such procedures. SBA does not %vaive any federal immunity from state or local
control. penalty. tax. or liability. As to this Note. Borrower may not claim or assert against SBA any local or state law
to deny any obligation. defeat any claim of SBA. or preempt federal law.
9. SUCCESSORS AND ASSIGNS:
Under this Note. Borrower and Operating Company include the successors of each. and Lender includes its successors
and assigns.
10. GENERAL PROVISIONS:
A. All individuals and entities signing this Note are jointly and severally liable.
B. Borrower waives all suretyship defenses.
C. Borrower must sign all documents necessary at any time to comply with the Loan Documents and to enable
Lender to acquire. perfect. or maintain Lender's liens on Collateral.
D. Lender may exercise any of its rights separately or together. as many times and in anv order it chooses. Lender
mav delay or foreo enforcing anv of its rights without giving up any of them.
E. Borrower mav not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note.
F. If any part of this Note is unenforceable. all other parts remain in effect.
G. To the extent allowed by law. Borrower waives all demands and notices in connection with this Note. including
presentment, demand. protest. and notice of dishonor. Borrower also waives anv defenses based upon any claim
that Lender did not obtain any guarantee: did not obtain. perfect. or maintain a lien upon Collateral: impaired
Collateral: or did not obtain the fair market value of Collateral at a sale.
Pace 4/E
SBA Form 147 (10122/98) Previous editions obsolete
11. STATE-SPECIFIC PROVISIONS:
Borrower hereby irrevocably authorizes and empowers any attorney or the attorney or the prothonotary or clerk of any court in the
Commonwealth of Pennsylvania, or elsewhere, to appear at any time for Borrower after a default under this Note, and with or
without complaint filed, as of any term, confess or enter judgment against borrower for the entire principal balance of this Note, all
accrued interest, late charges, and any and all amounts expended or advanced by Lender relating to any collateral securing this
Note together with interest on such amounts, together with costs of suit, and an attorney's commission of ten percent (10%) of the
unpaid principal balance and accrued interest for collection, but in any event not less than five hundred dollars ($500) on which
judgement or judgements one or more executions may issue immediately; and for so doing, this Note or a copy of this Note verified
by affidavit shall be sufficient warrant. The authority granted in this Note to confess judgement against Borrower shall not be
exhausted by any exercise of that authority, but shall continue from time to time and at all times until payment in full of all amounts
due under this Note. Borrower hereby waives any right Borrower may have to notice or to a hearing in connection with any such
confession of judgment, except any notice and/or hearing required under applicable law with respect to execution of the judgment,
and states that either a representative of Lender specifically called this confession of judgment provision to Borrower's attention or
Borrower has been represented by independent legal counsel. The lien arising from any judgment confessed or entered pursuant to
the foregoing authority shall not extend to any of Borrower's residential real property as that term is defined in the Pennsylvania Act
of January 30, 1974 (PA Laws 13, No. 6), referred to as the loan interest and protection law, as amended, and the holder of any
judgment confessed or entered pursuant to the foregoing authority shall not, in enforcement of any such judgment execute, levy or
otherwise proceed against any such residential real property; provided, however, that the lien of such judgment shall extend to such
residential real property and that the holder thereof shall be permitted to execute, levy, or proceed against such residential real
property from and after the entry of a judgment as contemplated by Section 407 of such loan interest and protection law and Rules
2981 to 2986 of the Pennsylvania Rules of Civil Procedure, or successor or similar statutes and rules. No limitation of lien or any
execution, levy or other enforcement contained in the immediately preceding sentence shall apply with respect to any judgment
obtained other than by the foregoing authority to confess or enter judgment.
SBA Form 147 (10122/98) Previous editions obsolete page 5/6
12. BORROWER'S NAME(S) AND SIGNATURE(S):
By sip-nine below. each individual or entity becomes obligated under this Note as Borrower.
Pinnacle Specialty Contractors, Inc.
ew S. Tucci. President
March 12, 2002
SBA Form 147 (10122198) Previous editions obsolete Page 6/6
U.S. Small Husinr_tic Administration
M U.S. Small Business Administration
UNCONDITIONAL GUARANTEE
9E
SBA Loan # EXP 524-730-4007
SBA Loan Name Pinnacle Specialty Contractors, Inc.
Guarantor Matthew S. Tucci
Suann M. Tucci
Borrower Pinnacle Specialty Contractors, Inc.
Lender Commerce Bank/Harrisburg. N.A.
Date March 12, 2002
Note Amount 50,000.00
1. GUARANTEE:
Guarantor unconditionaliv guarantees payment to Lender of all amounts o%yine under the Note. This Guarantee remains
in effect until the Note is paid in full. Guarantor must pay all amounts due under the Note when Lender makes written
demand upon Guarantor. Lender is not required to seek payment from am other source before demanding payment from
Guarantor.
2. NOTE:
The "Note" is the promissory note dated March 12, 2002 in the principal amount of
Fifty thousand and 00/100 ------------------------------------------------------------------------------------- Dollars.
from Borrower to Lender. It includes any assumption. renexyal. substitution. or replacement of the Note. and multiple
notes under a line of credit.
3. DEFINITIONS:
-Collateral" means any property taken as security for payment of the Note or any guarantee of the Note.
"Loan" means the loan evidenced by the Note.
"Loan Documents" means the documents related to the Loan signed by Borrower. Guarantor or any other guarantor. or
anyone who pledges Collateral.
"SBA' means the Small Business Administration. an Aeency of the United States of America.
SBA Form 146 (10198) Previous editions obsolete Pane !/5
a. LENDER'S GENERAL POWERS:
Lender may take any of the foIlo%? ing actions at am time. without notice. without Guarantor's consent. and without
making demand upon Guarantor:
A. Modify the terms of the Note or am' other Loan Document except to increase the amounts due under the Note:
B. Refrain from taking an,,, action on the Note. the Collateral. or any guarantee:
C. Release anv Borrower or am guarantor of the Note.
D. Compromise or settle with the Borroter or anv guarantor of the Note.
E. Substitute or release any of the Collateral. whether or not Lender receives anything in return:
F. Foreclose upon or otherwise obtain. and dispose of. arty Collateral at public or private sale. with or \yithout
advertisement:
G. Bid or buv at anv sale of Collateral by Lender or any other lienholder. at any price Lender chooses: and
H. Exercise am, rights it has. including those in the Note and other Loan Documents.
These actions will not release or reduce the obligations of Guarantor or create any rights or claims against Lender.
5. FEDERAL LAW:
When SBA is the holder. the Note and This Guarantee till be construed and enforced under federal law. including SBA
regulations. Lender or SBA may use state or local procedures for tiling papers. recording documents. giving notice.
foreclosing liens. and other purposes. By using such procedures. SBA does not waive any federal immunity from state or
local control. penalty. tax. or liability. As to this Guarantee. Guarantor may not claim or assert any local or state law
against SBA to deny any obligation. defeat any claim of SBA. or preempt federal law.
6. RIGHTS. NOTICES. AND DEFENSES THAT GUARANTOR WAIVES:
To the extent permitted by law.
A. Guarantor waives all rights to:
l) Require presentment. protest. or demand upon Borrower:
2) Redeem an Collateral before or after Lender disposes of it:
3) Have any disposition of Collateral advertised: and
4) Require a valuation of Collateral before or after Lender disposes of it.
B. Guarantor waives any notice of:
I) Any default under the Note:
2) Presentment. dishonor. protest. or demand:
3) Execution of the Note:
4) Any action or inaction on the Note or Collateral. such as disbursements. payment. nonpayment. acceleration.
intent to accelerate. assignment. collection activit-v. and incurring enforcement expenses:
5) Any change in the financial condition or business operations of Borrower or any guarantor:
6) Any changes in the terms of the Note or other Loan Documents. except increases in the amounts due under the
Note: and
7) The time or place of ari sale or other disposition of Collateral.
C. Guarantor waives defenses based upon am claim that:
I ) Lender failed to obtain anv guarantee.
2) Lender failed to obtain. perfect. or maintain a security interest in am' propem, offered or taken as Collateral:
3) Lender or others improperly valued or inspected the Collateral:
4) The Collateral changed in value. or was neglected. lost. destroyed. or underinsured:
SBA Form 148 (10198) Previous editions obsolete Page 215
5 ) Lender impaired the Collateral.
6) Lender did not dispose of any of the Collateral:
7) Lender did not conduct a commercially reasonable sale:
8) Lender did not obtain the fair market value of the Collateral:
9) Lender did not make or perfect a claim upon the death or disability of Borrower or am guarantor of the
Note:
10) The financial condition of Borrower or any guarantor was overstated or has adyersel\ changed:
I I ) Lender made errors or omissions in Loan Documents or administration of the Loan.
12) Lender did not seek payment from the Borrower. any other guarantors. or any Collateral before demanding
payment from Guarantor:
13) Lender impaired Guarantor's suretyship rights:
14) Lender modified the Note terms. other than to increase amounts due under the Note. If Lender modifies the
Note to increase the amounts due under the Note without Guarantor's consent. Guarantor will not be liable
for the increased amounts and related interest and expenses. but remains liable for all other amounts:
15) Borrower has avoided liability on the Note: or
16) Lender has taken an action allowed under the Note. this Guarantee. or other Loan Documents
7. DUTIES AS TO COLLATERAL:
Guarantor will preserve the Collateral pledged by Guarantor to secure this Guarantee. Lender has no duty to preserve
or dispose of any Collateral.
8. SUCCESSORS AND ASSIGNS:
Under this Guarantee. Guarantor includes heirs and successors. and Lender includes its successors and assigns.
9. GENERAL PROVISIONS:
A. ENFORCEMENT EXPENSES. Guarantor promises to pay, all expenses Lender incurs to enforce this Guarantee.
including. but not limited to. attorney's fees and costs.
B. SBA NOT .A CO-GUARANTOR. Guarantor's liability will continue even if SBA pays Lender. SBA is not a
co-euarantor with Guarantor. Guarantor has no right of contribution from SBA.
C. SUBROGATION RIGHTS. Guarantor has no subrogation rights as to the Note or the Collateral until the Note is
paid in full
D. JOINT AND SEVERAL, LIABILITY. All individuals and entities signing as Guarantor are .jointly and severally
liable.
E. DOCUMENT SIGNING. Guarantor must sign all documents necessary at any time to comply with the Loan
Documents and to enable Lender to acquire. perfect. or maintain Lenders liens on Collateral.
F. FINANCIAL STATEMENTS. Guarantor must give Lender financial statements as Lender requires.
G. LENDER'S RIGHTS CUMULATIVE. NOT WAIVED. Lender may exercise any of its rights separatelN or
together. as many times as it chooses. Lender may delay or forgo enforcing any of its rights without losing or
impairing any of them.
H. ORAL STATEMENTS NOT BINDING. Guarantor may not use an oral statement to contradict or alter the written
terms of the Note or this Guarantee. or to raise a defense to this Guarantee.
1. SEVERABILITY. If any part of this Guarantee is found to be unenforceable. all other parts will remain in effect.
.1. CONSIDERATION. The consideration for this Guarantee is the Loan or ari accommodation b% Lender as to the
Loan
SBA Form 148 (10198) Previous editions obsolete.
Page 3/5
10. STATE-SPECIFIC PROVISIONS:
Guarantor hereby irrevocably authorizes and empowers any attorney or the prothonotary or clerk of any court in
the Commonwealth of Pennsylvania, or elsewhere, to appear at any time for Guarantor after a default hereunder,
and with or without complaint filed, as of any term, confess or enter judgment against borrower for the
entire principal balance due hereunder, all accrued interest, late charges, and any and all amounts expended or
advanced by Lender relating to any collateral securing this note together with interest on such amounts, together
with costs of suit, and an attorney's commission of ten percent (10%) of the unpaid principal balance and accrued
interest for collection. but in any event not less than five hundred dollars (5500) on which judgment or judgments
one or more executions may issue immediately; and for so doing, this Guarantee or a copy hereof verified by
affidavit shall be sufficient warrant. The authority granted in this note to confess judgment against Guarantor shall not be exhausted
by any exercise of that authority, but shall continue from time to time and at all times until
payment in full of all amounts due under this note. Guarantor hereby waives any right Guarantor may have to
notice or to a hearing in connection with any such confession of judgment, except any notice and/or hearing
required under applicable law with respect to execution of the judgment, and states that either a representative of
Lender specifically called this confession of judgment provision to Guarantor's attention or Guarantor has been
represented by independent legal counsel. The lien arising from any judgment confessed or entered pursuant to
the foregoing authority shall not extend to any of Guarantor's residential real property as that term is defined in the
Pennsylvania Act of January 30, 1974 (PA Laws 13. No.6), referred to as the loan interest and protection law, as
amended, and the holder of any judgment confessed or entered pursuant to the forgoing authority shall not, in
enforcement of any such judgment, execute, levy or otherwise proceed against any such residential real
property; provided, however, that the lien of such judgment shall extend to such residential real property and that
the holder thereof shall be permitted to execute, levy, or proceed against such residential real property from and
after the entry of a judgment as contemplated by Section 407 of such loan interest and protection law and Rules
2981 to 2986 of the Pennsylvania Rules of Civil Procedure, or successor or similar statutes and rules. No limitation
of lien or any execution, levy or other enforcement contained in the immediately preceding sentence shall apply
with respect to any judgment obtained other than by the foregoing authority to confess or enter judgment.
SBA Form 148 (10/98) Previous editions onsciete Page 415
11. GUARANTOR ACKNOWLEDGNI ENT OF TERINIS.
Guarantor ackno%%ledges that Guarantor has read and understands the significance of all terms of the Note and this
Guarantee. including all waivers.
12. GUARANTOR NAVIE(S) AND SIGNATURE(S):
By signing below. each individual or entity becomes obligated as Guarantor under this Guarantee.
Matthew S Tucci and Suann M. Tucci, Guarantors
S. Tucci, Guar
uann M. Tucci, Guarantor
March 12, 2002
March 12, 2002
SBA Form 148 (10/98) Previous editions obsolete. aaoe 5/5
???b?f C_
RECORD & RETURN 10.
CREDIT LENDERS SERVICE AGENCY MORTGAGE
P. 0. BOX 508
CHERRY HILL, NJ. 08003 (Participation)
ATTN: PUB. REC. DOC. RECORDING
This mortgage made and entered into this 12th
by and between
Vinnhew S Tucci and Suann M. Tucci
day of March
20112
(hereinafter referred to as mortgagor) and Commerce Bank/Harrisburg, N.A.
(hereinafter referred to as
mortgagee), who maintains an office and place of business at 100 Senate Avenue Camp Hill PA 17011
WITNESSETH, that for the consideration hereinafter stated, receipt of which is hereby acknowledged, the mortgagor does hereby
mortgage, sell, grant, assign, and convey unto the mortgagee, his successors and assigns, all of the following described property situated
and being in the County of Cumberland
State of Pennsylvania
8 Megan Court, New Cumberland, PA. more particularly described in attached exhibit "A".
fV
CIl . .
C-M
Together with and including all buildings, all fixtures including but not limited to all plumbing, heating, lighting, ventilating, refrigerating,
incinerating, air conditioning apparatus, and elevators (the mortgagor hereby declaring that it is intended that the items herein enumerated
shall be deemed to have been permanently installed as part of the realty), and all improvements now or hereafter existing thereon; the
hereditaments and appurtenances and all other rights thereunto belonging, or in anywise appertaining, and the reversion and reversions,
remainder and remainders, all rights of redemption, and the rents, issues, and profits of the above described property (provided, however,
that the mortgagor shall be entitled to the possession of said property and to collect and retain the rents, issues, and profits until default
hereunder). To have and to hold the same unto the mortgagee and the successors in interest of the mortgagee forever in fee simple or
such other estate, if any, as is stated herein.
The mortgagor covenants that he is lawfully seized and possessed of and has the right to sell and convey said property; that the
same is free from all encumbrances except as hereinabove recited; and that he hereby binds himself and his successors in interest to
warrant and defend the title aforesaid thereto and every part thereof against the claims of all persons whomsoever.
This instrument is given to secure the payment of a promissory note dated March 12. 2002 in the
principal sum of $ 50,000 signed by Matthew S. Tucci, President
in behalf of Pinnacle Specialty Contractors. Inc.
SBA FORM 928 (11-85) USE 2-78 EDITION UNTIL EXHAUSTED
gK 1753PG0303
Said promissory note was given to secure a loan in which the Small Business Administration, an agency of the United States of
America, has participated. In compliance with section 101.1 (d) of the Rules and Regulations of the Small Business Administration
(13 C.F.R. 101.1(d)), this instrument is to be construed and enforced in accordance with applicable Federal law.
1. The mortgagor covenants and agrees as follows:
a. He will promptly pay the indebtedness evidenced by said promissory note at the times and in the manner therein provided.
b. He will pay all taxes, assessments, water rates, and other governmental or municipal charges, fines, or impositions, for
which provision has not been made hereinbefore, and will promptly deliver the official receipts therefor to the said mortgagee.
c. He will pay such expenses and fees as may be incurred in the protection and maintenance of said property, including the
fees of any attorney employed by the mortgagee for the collection of any or all of the indebtedness hereby secured, or foreclosure
by mortgagee's sale, or court proceedings, or in any other litigation or proceeding affecting said property. Attorneys' fees reasonably
incurred in any other way shall be paid by the mortgagor.
d. For better security of the indebtedness hereby secured, upon the request of the mortgagee, its successors or assigns, he
shall execute and deliver a supplemental mortgage or mortgages covering any additions, improvements, or betterments made to
the property hereinabove described and all property acquired by it after the date hereof(all in form satisfactory to mortgagee).
Furthermore, should mortgagor fail to cure any default in the payment of a prior or inferior encumbrance on the property described
by this instrument, mortgagor hereby agrees to permit mortgagee to cure such default, but mortgagee is not obligated to do so;
and such advances shall become part of the indebtedness secured by this instrument, subject to the same terms and conditions.
e. The rights created by this conveyance shall remain in full force and effect during any postponement or extension of the
time of the payment of the indebtedness evidenced by said promissory note or any part thereof secured hereby.
f. He will continuously maintain hazard insurance, of such type or types and in such amounts as the mortgagee may from
time to time require on the improvements now or hereafter on said property, and will pay promptly when due any premiums
thereof. All insurance shall be carried in companies acceptable to mortgagee and the policies and renewals thereof shall be held
by mortgagee and have attached thereto loss payable clauses in favor of and in form acceptable to the mortgagee. In event of
loss, mortgagor will give immediate notice in writing to mortgagee, and mortgagee may make proof of loss if not made promptly
by mortgagor, and each insurance company concerned is hereby authorized and directed to make payment for such loss directly
to mortgagee instead of to mortgagor and mortgagee jointly, and the insurance proceeds, or any part thereof, may be applied by
mortgagee at its option either to the reduction of the indebtedness hereby secured or to the restoration or repair of the property
damaged or destroyed. In event of foreclosure of this mortgage, or other transfer of title to said property in extinguishment of
the indebtedness secured hereby, all right, title, and interest of the mortgagor in and to any insurance policies then in force shall
pass to the purchaser or mortgagee or, at the option of the mortgagee, may be surrendered for a refund.
g. He will keep all buildings and other improvements on said property in good repair and condition, will permit, commit, or
suffer no waste, impairment, deterioration of said property or any part thereof; in the event of failure of the mortgagor to keep
the buildings on said premises and those erected on said premises, or improvements thereon, in good repair, the mortgagee may
make such repairs as in its discretion it may deem necessary for the proper preservation thereof; and the full amount of each
and every such payment shall be immediately due and payable; and shall be secured by the lien of this mortgage.
h. He will not voluntarily create or permit to be created against the property subject to this mortgage any lien or liens inferior
or superior to the lien of this mortgage without the written consent of the mortgagee; and further, that he will keep and maintain
the same free from the claim of all persons supplying labor or materials for construction of any and all buildings or improvements
now being erected or to be erected on said premises.
i. He will not rent or assign any part of the rent of said mortgaged property or demolish, or remove, or substantially alter
any building without the written consent of the mortgagee.
j. All awards of damages in connection with any condemnation for public use of or injury to any of the property subject to
this mortgage are hereby assigned and shall be paid to mortgagee, who may apply the same to payment of the installments last
due under said note, and mortgagee is hereby authorized, in the name of the mortgagor, to execute and deliver valid acquittances
thereof and to appeal from any such award.
k. The mortgagee shall have the right to inspect the mortgaged premises at any reasonable time.
2. Default in any of the covenants or conditions of this instrument or of the note or loan agreement secured hereby shall terminate
the mortgagor's right to possession, use, and enjoyment of the property, at the option of the mortgagee or his assigns (it being agreed
that the mortgagor shall have such right until default). Upon any such default, the mortgagee shall become the owner of all of the rents
and profits accruing after default as security for the indebtedness secured hereby, with the right to enter upon said property for the
purpose of collecting such rents and profits. This instrument shall operate as an assignment of any rentals on said property to that extent.
SBA FORM 928 (11-85)
BK E 753PG0304
3. The mortgagor covenants and agrees that if he shall fail to pay said indebtedness or any part thereof when due, or shall fail to
perform any covenant or agreement of this instrument or the promissory note secured hereby, the entire indebtedness hereby secured
shall immediately become due, payable, and collectible without notice, at the option of the mortgagee or assigns, regardless of maturity,
and the mortgagee or his assigns may before or after entry sell said property without appraisement (the mortgagor having waived and
assigned to the mortgagee all rights of appraisement):
(1) at judicial sale pursuant to the provisions of 28 U.S.C. 2001 (a); or
(11) at the option of the mortgagee, either by auction or by solicitation of sealed bids, for the highest and best bid complying
with the terms of sale and manner of payment specified in the published notice of sale, first giving four weeks' notice of the time,
terms, and place of such sale, by advertisement not less than once during each of said four weeks in a newspaper published or
distributed in the county in which said property is situated, all other notice being hereby waived by the mortgagor (and said
mortgagee, or any person on behalf of said mortgagee, may bid with the unpaid indebtedness evidenced by said note). Said sale
shall be held at or on the property to be sold or at the Federal, county, or city courthouse for the county in which the property
is located. The mortgagee is hereby authorized to execute for and on behalf of the mortgagor and to deliver to the purchaser at
such sale a sufficient conveyance of said property, which conveyance shall contain recitals as to the happening of the default
upon which the execution of the power of sale herein granted depends; and the said mortgagor hereby constitutes and appoints
the mortgagee or any agent or attorney of the mortgagee, the agent and attorney in fact of said mortgagor to make such recitals
and to execute said conveyance and hereby covenants and agrees that the recitals so made shall be effectual to bar all equity or
right of redemption, homestead, dower, and all other exemptions of the mortgagor, all of which are hereby expressly waived and
conveyed to the mortgagee; or
(III) take any other appropriate action pursuant to state or Federal statute either in state or Federal court or otherwise for
the disposition of the property.
In the event of a sale as hereinbefore provided, the mortgagor or any persons in possession under the mortgagor shall then become
and be tenants holding over and shall forthwith deliver possession to the purchaser at such sale or be summarily dispossessed, in
accordance with the provisions of law applicable to tenants holding over. The power and agency hereby granted are coupled with an
interest and are irrevocable by death or otherwise, and are granted as cumulative to the remedies for collection of said indebtedness
provided by law.
4. The proceeds of any sale of said property in accordance with the preceding paragraphs shall be applied first to pay the costs and
expenses of said sale, the expenses incurred by the mortgagee for the purpose of protecting or maintaining said property, and reasonable
attorneys' fees; secondly, to pay the indebtedness secured hereby; and thirdly, to pay any surplus or excess to the person or persons
legally entitled thereto.
5. In the event said property is sold at a judicial foreclosure sale or pursuant to the power of sale hereinabove granted, and the
proceeds are not sufficient to pay the total indebtedness secured by this instrument and evidenced by said promissory note, the mortgagee
will be entitled to a deficiency judgment for the amount of the deficiency without regard to appraisement.
6. In the event the mortgagor fails to pay any Federal, state, or local tax assessment, income tax or other tax lien, charge, fee, or
other expense charged against the property the mortgagee is hereby authorized at his option to pay the same. Any sums so paid by the
mortgagee shall be added to and become a part of the principal amount of the indebtedness evidenced by said note, subject to the same
terms and conditions. If the mortgagor shall pay and discharge the indebtedness evidenced by said promissory note, and shall pay such
sums and shall discharge all taxes and liens and the costs, fees, and expenses of making, enforcing, and executing this mortgage, then
this mortgage shall be canceled and surrendered.
7. The covenants herein contained shall bind and the benefits and advantages shall inure to the respective successors and assigns
of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender
shall include all genders.
8. No waiver of any covenant herein or of the obiigation secured hereby shall at any time thereafter be held to be a waiver of the
terms hereof or of the note secured hereby.
9. A judicial decree, order, or judgment holding any provision or portion of this instrument invalid or unenforceable shall not in any
way impair or preclude the enforcement of the remaining provisions or portions of this instrument.
10. Any written notice to be issued to the mortgagor pursuant to the provisions of this instrument shall be addressed to the mortgagor at
8 Megan Court, New Cumberland, PA 17070 and any written notice to be issued to the mortgagee shall
be addressed to the mortgagee at )00 Senate Avenue Camp Hill, PA 17011
SBA FORM 928 (11-85) BK f 7 5 3 PG 0 3 0 5
IN WITNESS WHEREOF, the mortgagor has executed this instrument and the mortgagee has accepted delivery of this
instrument as of the day and year aforesaid.
Matthew S. Tucci and Suann M. Tucci
M. Tucci
Executed and delivered in the, ltas€nce of the following witnesses:
I Certify t11 is to be recorded
In Cumberland County PA
The loan secured by this lien was made under a United States Small inistration (SBA) nationwide program which uses tax
dollars to assist small business owners. If the United States is seekin this document, then under SBA regulations:
a) When SBA is the holder of the Note, this document and all documents evidencing o egpr b4 oi6p Y-4eecon,sued in accordance
ill 1J Q
with federal law. e
b) Lender or SBA may use local or state procedures for purposes such as filing papers, recording documents, giving notice, foreclosing liens,
and other purposes. By using these procedures, SBA does not waive any federal immunity from local or state control, penalty, tax or liability.
No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of
SBA with respect to this Loan.
Any clause in this document requiring arbitration is not enforceable when SBA is the holder of The Note secured by this instrument.
(Add Appropriate Acknowledgment)
INDIVIDUAL ACKNOWLEDGEMENT
STATE OF Pennsylvania
COUNTY OF Dauphin
On this, the 1 A day of? rC/1 2002, before me111 et S
the undersigned Notary Public, personally appeared Matthew S. Tucci and Suann M. Tucci, known to me (or satisfactorily proven) to be the person(s)
whose name(s) are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.
'4n wittless whereof, I hereunto set my hand and official seal.
/rv
N ary Public in the ate b ennsylvania
Notarial Seal
Elizabeth M. Encinias, Notary Public
Lower Paxton Twp., Dauphin County
My Commission Expires Sept. 11. 20
Notarial Seal
Elizabeth M. Encinlas, Notary Public
Lower Paxton ,. ')=iuphin County
My Commission-, t- Sept. 11, 2004
Member, ol Notaries
753PG0306
Member, Pennsylvania Association of Notaries
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September 8, 2006
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
This is an official notice that the mortgage on your home is in default and the lender
intends to foreclose Specific information about the nature of the default is provided m
the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be
able to help to save your home.
This Notice explains how the program works.
To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE.
Take this Notice with you when you meet with the Counseling Agency.
The name address and phone number of Consumer Credit Counseling Agencies serving
your County are listed at the end of the Notice If you have any ggg ions, you may call
the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with
impaired hearing can call (717) 780-1869.
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain
it. You may also want to contact an attorney in your area. The local bar association may
be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL
CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR
SU HIPOTECA.
Matthew S. Tucci
8 Megan Court
New Cumberland, PA 17070
Property Address - 8 Megan Court New Cumberland, PA 17070
Loan account number - 5247304007
Original lender - Commerce Bank/Harrisburg, NA
Current Lender/Servicer - Commerce Bank/Harrisburg, NA
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU
MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELEGIBILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this
Notice. During that time you must arrange and attend a "face-to-face" meeting with one
of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT
APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING
YOUR MORTGAGE UP T DATE. THE PART OF THIS NOTICE CALLED "HOW
TO CURE YOUR MORT AGE DEFAULT" EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT
take action against you for thirty (30) days after the date of this meeting. The names.
addresses and teleyhone numbers of designated consumer credit counseling agencies for
the count in which the ro ert is located are set forth at the end of this Notice. It is
only necessary to schedule one face-to-face meeting. Advise your lender immediately of
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for specific information
about the nature of your default.) If you have tried and are unable to resolve this problem
with the lender, you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill. out,
sign and file a completed Homeowner's Emergency Assistance Program Application with
one of the designated consumer credit counseling agencies listed at the end of this Notice.
Only consumer credit counseling agencies have applications for the program and they
will assist you in submitting a complete application to the Pennsylvania Housing Finance
Agency. Your application MUST be filed or postmarked within thirty (30) days of your
face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO
SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH
IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED.
AGENCY AC funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the eligibility criteria established by
the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a
decision after it receives your application. During that time, no foreclosure proceedings
will be pursued against you if you have met the time requirements set forth above. You
will be notified directly by the Pennsylvania Housing Finance Agency of its decision on
your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A
PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS
FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage
Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on
your property located at: 8 Megan Court Mechanicsburg, Cumberland County,
Pennsylvania IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE
MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due July 1, 2006 payment $412.99, August 1, 2006 payment
$449.13, September 1, 2006 payment $449.13 and late fees $286.21.
TOTAL AMOUNT PAST DUE: $1,597.46
HOW TO CURE THE DEFAULT-You may cure the default within THIRTY (30)
DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE
TO THE LENDER, WHICH IS $ 1,148.3 3, PLUS ANY MORTGAGE PAYMENTS
AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY
PERIOD. Payments must be made either b cash cashier's check certified check or
money order made payable and sent to,
Commerce Bank, Harrisburg N.A.
3801 Paxton St.
P.Q. Box 4999
Harrisburg, PA 17111
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within
THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights
to accelerate the mortgage debt. This means that the entire outstanding balance of this
debt will be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start
legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be
sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its
attorneys, but you cure the delinquency before the lender begins legal proceedings
against you, you will still be required to pay the reasonable attorney's fees that were
actually incurred, up to $50.00. However, if legal proceedings are started against you,
you will have to pay all reasonable attorney's fees actually incurred by the lender even if
they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender,
which may also include other reasonable costs. If you cure the default within the
THIRTY (30) DAY period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES-The lender may also sue you personally for the
unpaid principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have
not cured the default within the THIRTY (30) DAY period and foreclosure proceedings
have begun, you still have the right to cure the default and prevent the sale at any time u
to one hour before the Sheriff s Sale You may do so by Daymg the total amount then
12ast due plus an late or other charges then due reasonable attome 's fees and costs
connected with the foreclosure sale and an other costs connected with the Sheriff s Sale
as specified in writing by the lender and by performing any other requirements under the
mortgage. Curing your default in the manner set forth in this notice will restore
your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest
date that such a Sheriff's Sale of the mortgaged property could be held would be
approximately six months from the date of this Notice. A notice of the actual date of
the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to
cure the default will increase the longer you wait. You may find out at any time exactly
what the required payment or action will be by contacting the lender.
HOW TO _CONTACT THE LENDER:
Name of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
Commerce Bank, Harrisburg N.A.
3801 Paxton St., P.O. Box 4999
Harrisburg, PA 17111
(717) 412-6891
(717) 909-0698
Bryan Lenovich, Asset Quality
EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff s Sale will end
your ownership of the mortgaged property and your right to occupy it. If you continue to
live in the property after the Sheriff s Sale, a lawsuit to remove you and your fumishings
and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE-You may or _X-may not sell or transfer your
home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the
sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON
YOUR BEHALF
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER,
YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN
THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE
MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO
SUCH ACTION BY THE LENDER.
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES
ADAMS COUNTY LEBANON COUNTY
Financial Counseling Services Berks Community Action Program, Inc
Natalie Newcomer George Miller
(717) 762-3285 (610) 375-7866
Tabor Community Service, Inc.
ERKS COUNTY
B
_
Alliance for Building Communities Mike Weaver
Jennifer Smethers (717) 397-5182
(610) 439-7007 x 15 LANCASTER COUNTY
Berks Community Action Program Tabor Community Services, Inc
George Miller Mike Weaver
(610) 375-7866 (717) 397-5182
CUMBERLAND COUNTY PERRY COUNTY
Financial Counseling Services Financial Counseling Services
Natalie Newcomer Natalie Newcomer
(717) 762-3285 (717) 762-3285
Harrisburg Fair Housing Council Harrisburg Fair Housing Council
Christine O'Rockey Christine O'Rockey
(717) 238-9540 (717) 238-9540
Weatherization Weatherization
Maxine Whitsel Maxine Whitsel
(814) 643-2343 (814) 643-2343
DAUPHIN COUNTY YORK COUNTY
Harrisburg Fair Housing Council Financial Counseling Services
Christine O'Rockey Natalie Newcomer
(717) 238-9540 (717) 762-3285
Tabor Community Service, Inc. Tabor Community Services, Inc
Mike Weaver Mike Weaver
(717) 397-5182 (717) 397-5182
FRANKLIN COUNTY
Financial Counseling Services
Natalie Newcomer
(717) 762-3285
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UNITED STATES, PQ$T,AI SERVICE. °Weu,p? 11 X11"4
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Permit No. G-10
• Sender: Please print your name, address, and ZIF54 4'Wthis box •
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September 8, 2006
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
This is an official notice that the mort a e on our home is in default and the lender
intends to foreclose Specific information about the nature of the default is provided in
the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPI maybe
able to help to save your home.
This Notice explains how the program works.
To see if HEMAP can hel ou must MEET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE.
Take this Notice with you when you meet with the Counseling A enc .
The name address and phone number of Consumer Credit Counseling Agencies serving
our Count are listed at the end of the Notice. If you have an uestions ou ma call
the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with
impaired hearing can call (717) 780-1869.
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain
it. You may also want to contact an attorney in your area. The local bar association may
be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA
SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. St NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S
SALVAR SU CASA DEOLA PERDIDA DEL DERECHO A RED
CURL PUED IMIR
SU HIPOTECA.
Suann M. Tucci
8 Megan Court
New Cumberland, PA 17070
Property Address - 8 Megan Court New Cumberland, PA 17070
Loan account number - 5247304007
Original lender - Commerce Bank/Harrisburg, NA
Current Lender/Servicer - Commerce Bank/Harrisburg, NA
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE
YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU
MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELEGIBILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a
temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this
Notice. During that time you must arrange and attend a "face-to-face" meeting with one
of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT
APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING
YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW
TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the
consumer credit counseling agencies listed at the end of this notice, the lender may NOT
take action against you for thirty (30) days after the date of this meeting. The names,
addresses and telephone numbers of designated consumer credit counseling agencies for
the count in which the ro rtis located are set forth at the end of this Notice. It is
only necessary to schedule one face-to-face meeting. Advise your lender immediately of
your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for specific information
about the nature of your default.) If you have tried and are unable to resolve this problem
with the lender, you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowner's Emergency Assistance Program Application with
one of the designated consumer credit counseling agencies listed at the end of this Notice.
Only consumer credit counseling agencies have applications for the program and they
will assist you in submittinMUST be filed or postmarked within thirty (30) daygof youre
Agency. Your application
face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO
SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH
IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR
APPLICATION FOR MORTGAGE ASSIST ANCE
IMMEDIATELY AND YOUR
WILL BE DENIED.
AGENCY ACTION-Available funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the eligibility criteria established by
the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a
decision after it receives your application. During that time, no foreclosure proceedings
will be pursued against you if you have met the time requirements set forth above. You
will be notified directly by the Pennsylvania Housing Finance Agency of its decision on
your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A
PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS
FOR INFORMATION PURPOSES ONLY AND
D AS AN ATTEMPT TO COLLECT E
CONSIDER HE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage
Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it unto date .
NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on
your property located at: 8 Megan Court Mechanicsburg, Cumberland County,
Pennsylvania IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE
MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due July 1, 2006 payment $412.99, August I, 2006 payment
$449.13, September 1, 2006 payment $449.13 and late fees $286.21.
TOTAL AMOUNT PAST DUE: S 1,597.46
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30)
DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE
TO THE LENDER, WHICH IS $ 1,148.3 3, PLUS ANY MORTGAGE PAYMENTS
AND LATE CHARGESs WHICH
madBei hoer by DUE DURING
5 heck certf ed checkUorY
PERIOD. 1'a mcnts mu
money order made payable Commerce rce:Bank, Harrisburg N.A.
3801 Paxton St.
P.O. Box 4999
Harrisburg, PA 17111
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within
THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights
to accelerate the mortgage debt. This means that the entire outstanding balance of this
debt will be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount past due is not
made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start
legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be
sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its
attorneys, but you cure the delinquency before the lender begins legal proceedings
against you, you will still be required to pay the reasonable attorney's fees that were
actually incurred, up to $50.00. However, if legal proceedings are started against you,
you will have to pay all reasonable attorney's fees actually incurred by the lender even if
they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender,
which may also include other reasonable costs. If you cure the default within the
THIRTY (30) DAY period, you will not be required to pav attorney's fees.
OTHER LENDER REMEDIES-The lender may also sue you personally for the
unpaid principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have
not cured the default within the THIRTY (30) DAY period and foreclosure proceedings
have begun, you still have the right to cure the default and prevent the sale at any time u
to one hour before the Sheriff s Sale You may do so by paying the total amount then
east due plus any late or other charges then due reasonable attorney's fees and costs
connected with the foreclosure sale and an other costs connected with the Sheriff's Sale
as specified in writing by the lender and by performing any other requirements under the
mortgage. Curing your default in the manner set forth in this notice will restore
your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest
date that such a Sheriff's Sale of the mortgaged property could be held would be
approximately six months from the date of this Notice. A notice of the actual date of
the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to
cure the default will increase the longer you wait. You may find out at any time exactly
what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
Commerce Bank, Harrisburg N.A.
3801 Paxton St., P.O. Box 4999
Harrisburg, PA 17111
(717) 412-6891
(717) 909-0698
Bryan Lenovich, Asset Quality
EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff s Sale will end
your ownership of the mortgaged property and your right to occupy it. If you continue to
live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings
and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE-You may or _X may not sell or transfer provided
that all the your
home to a buyer or transferee who will assume the mortgage debt, outstanding payments, charges and attorney's fees and costs are paid prior to or at the
sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON
YOUR BEHALF
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO
N
DEFAULT HOVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN
YOU DO NOT OT
THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE
MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO
SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
.
CONSUMER CREDIT COUNSELING AGENCIES
ADAMS COUNTY LEBANON COUNTY
Financial Counseling Services Berks Community Action Program, Inc
Natalie Newcomer George Miller
(717) 762-3285 (610) 375-7866
BERKS COUNTY Tabor Community Service, Inc.
Alliance for Building Communities Mike Weaver
Jennifer Smethers (717) 397-5182
(610) 439-7007 x 15
LANCASTER COUNTY
Berks Community Action Program Tabor Community Services, Inc
George Miller Mike Weaver
(610) 375-7866 (717) 397-5182
CUMBERLAND COUNTY PERRY COUNTY
Financial Counseling Services Financial Counseling Services
Natalie Newcomer Natalie Newcomer
(717) 762-3285 (717) 762-3285
Harrisburg Fair Housing Council Harrisburg Fair Housing Council
Christine O'Rockey Christine O'Rockey
(717) 238-9540 (717) 238-9540
Weatherization Weatherization
Maxine Whitsel Maxine Whitsel
(814) 643-2343 (814) 643-2343
DAUPHIN COUNTY YORK COUNTY
Harrisburg Fair Housing Council Financial Counseling Services
Christine O'Rockey Natalie Newcomer
(717) 238-9540 (717) 762-3285
Tabor Community Service, Inc. Tabor Community Services, Inc
Mike Weaver Mike Weaver
(717) 397-5182 (717) 397-5182
FRANKLIN COUNTY
Financial Counseling Services
Natalie Newcomer
(717) 762-3285
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METTE, EVANS & WOODSIDE
Lloyd R. Persun, Esquire
Identification No. 10139
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 06-6145 Civil Term
PRAECIPE
Please enter Judgment in Mortgage Foreclosure in favor of Commerce Bank/Harrisburg,
N.A. and against Matthew S. Tucci and Suann M. Tucci, Defendants, in the amount of
$53,081.76 plus all costs and attorneys' fees and expenses, interest after October 4, 2006 at the
rate of the New York Prime plus 2.00% per annum as provided in the Note and all other charges
and expenses provided in the Note, the Guarantee and the Mortgage described in the Complaint
in Mortgage Foreclosure and authorizing the sale of the Real Property by the Sheriff of
Cumberland County on such Judgment in Mortgage Foreclosure. I hereby certify that written
notice of intention to file this Praecipe was mailed by United States mail, first class, postage
prepaid, to the Defendants on November 22, 2006 after their failure to plead to the Complaint in
Mortgage Foreclosure. True and correct copies of such written notice and the envelopes
containing it are attached hereto as Exhibit "A" and made a part hereof. Defendants have no
attorney of record.
December 13, 2006
Lloy R. Persun, Esquire
A rney I.D. No. 10139
M"ette, Evans & Woodside
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Attorneys for Plaintiff
RECYCLED
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI
SUANN M. TUCCI,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 06-6145 Civil Term
TO: Matthew S. Tucci and Suann M. Tucci (Defendants)
DATE OF NOTICE: November 22, 2006
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE
IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO
THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN
TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE
YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108 or 249-3166
AVISO IMPORTANTE
A. Matthew S. Tucci and Suann M. Tucci (Defendidos)
FECHA DEL AVISO: November 22, 2006
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR
COMPARENCIA ESCRITA POR SI MISMO O A TRAVES DE UN
ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U
OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA
USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE
HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA
DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y
USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS
IMPORTANTES.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0
VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE
INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO,
ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION
SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO
0 BAJO COSTO A PERSONAS QUE CUALIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108 or 249-3166
460355v1
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CERTIFICATE OF SERVICE
I, Lloyd R. Persun, Esquire, hereby certify that on December 13, 20061 caused a true and
correct copy of the foregoing Praecipe to be served on each of the following individuals by
United States mail, first class, postage prepaid, addressed as follows:
Matthew S. Tucci
8 Megan Court
New Cumberland, PA 17070
Suann M. Tucci
8 Megan Court
New Cumberland, PA 17070
Lloy R. Persun, Esquire
December 13, 2006
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COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 06-6145 Civil Term
NOTICE OF ENTRY OF JUDGMENT
TO: Matthew S. Tucci and Suann M. Tucci (Defendants)
8 Megan Court
New Cumberland, PA 17070
You are hereby notified that on December )q , 2006 Judgment in Mortgage
Foreclosure was entered against you in the amount of $53,081.76 plus all costs and attorneys'
fees and expenses, interest after October 4, 2006 at the rate of the New York Prime plus 2.00%
per annum as provided in the Note and all other charges and expenses provided in the Note, the
Guarantee and the Mortgage described in the Complaint in Mortgage Foreclosure and
authorizing the sale of the Real Property by the Sheriff of Cumberland County on such Judgment
in Mortgage Foreclosure.
Proth otary o berl County
Date: December /'Y , 2006
I hereby certify that the names and address of the proper persons to receive this notice are
Matthew S. Tucci and Suann M. Tucci, 8 Megan Court, New Cumberland, PA 17070.
L14 d R. Persun, Esquire
Attorney I.D. No. 10139
Attorney for Plaintiff
461622v1
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06145 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCE BANK/HARRISBURG NA
VS
TUCCI MATTHEW S ET AL
GERALD WORTHINGTON , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
TT 7"1/" -r AIrT rT T LS L?TO C the
DEFENDANT , at 1712:00 HOURS, on the 1st day of November 2006
at 8 MEGAN COURT -
NEW CUMBERLAND, PA 17070 by handing to
SUANN M TUCCI, WIFE
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 14.08 Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
42.08i/ 11/02/2006
L?- METTE EVANS WOODSIDE
Sworn and Subscibed to By:
before me this day Deputy Sh ff
of A.D.
i SHERIFF'S RETURN - REGULAR
r
CASE NO: 2006-06145 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCE BANK/HARRISBURG NA
VS
TUCCI MATTHEW S ET AL
GERALD WORTHINGTON , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
IPTTr'r'T CTTA7\TI\T M the
DEFENDANT , at 1712:00 HOURS, on the 1st day of November, 2006
at 8 MEGAN COURT
NEW CUMBERLAND, PA 17070 by handing to
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
/
Service .00
Affidavit .00 Surcharge 10.00 R. Thomas Kline
.00-
16.00,/ 11/02/2006
1)130/c4 -)- METTE EVANS WOODSIDE
Sworn and Subscibed to By:
before me this day Deputy Sh ff
of A. D.
IN THE COURT OF COMMON PLEAS OF CU S ERLAND COUNTY, PENNSYLVANIA
CIVIL DIVION
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW TUCCI and
SUANN M. TUCCI,
Defendants
Confessed Judgment
X Other (Judgment in Mortgage
Foreclosure)
No.: 06-6145 Civil Term
t Sl, ,1R. 40
Amount Due: $51,2119.90 principal,
$419.85 in late fees, $4,105.31 in interest,
plus interest accruing after March 12, 2007
at the rate of $14.58344 per day, and
$4741.09 in attorneys' fees, expenses and
costs, plus attorneys' fees, expenses and
costs accruing after March 12, 2007.
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that this Praecipe does not arise out of a retail installment sale, contract, or riate account based on a confession of judgment, but if it does, it is based on the app 6 r 1974 as a final pr ,ceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant
Issue writ of execution in the oabove f the matter to the Sheriff of Cumberland County, for debt, interest and costs
upon the following described property 8 Megan Court
New Cumberland, PA 17070
PRAECIPE FOR WRIT OF EXECUTION
Issue writ of execution to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing
execution against the above-named garnishee(s) for the following property:
8 Megan Court
New Cumberland, PA 17070
Six (6) copies of the legal description of the land are attached.
Date: /'ich 12, ?Wl Signature:
Name: lanie L. Vanderau
Address: Mette, Evans & Woodside
3401 N. Front Street
P.O. Box 5950
Harrisburg, Pa 17110-0950
Attorney for: Plaintiff
Telephone: (717) 232-5000
Supreme Court I.D. No.: 203167
462142v1
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) N006-6145 Civil
CIVIL ACTION -LAW
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG, N.A. Plaintiff (s)
From MATTHEW TUCCI AND SUANN M. TUCCI
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRITION .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows: (s) is
enjo from
and to notify the garnishee(s) that: (a) an attacment dhas been issued; (e
and from dely Bring anylproperty of theldefendant
paying any debt to or for the account of the
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
L.L.$.50
Amount Due$51,219.90
Interest $4,105.31 PLUS INTEREST ACCRUING AFTER MARCH 12,2007 AT THE RATE OF
$14.58344 PER DAY
Due Prothy $1.00
% Atty's Comm
Atty Paid $140.08 Other Costs$419.85 IN LATE FEES, AND
$4741.09 IN ATTORNEYS' FEES, EXPENSES AND COSTS,PLUS ATTORNEYS' FEES
EXPENSES AND COSTS ACCRUING AFTER MARCH 1 ,
Plaintiff Paid
Date: MARCH 12, 2007
(Seal)
Curt' R. Lon onota
By:
Deputy
REQUESTING PARTY:
Name MELANI L. VANDERAU
Address: METTE, EVANS & WOODSIDE
3401 N. FRONT STREET
P.O BOX 5950
HARRISBURG, PA 17110-0950
Attorney for: PLAINTIFF
Telephone: 717-232-5000
Supreme Court ID No. 203167
METTE, EVANS & WOODSIDE
Melanie L. Vanderau, Esquire
Identification No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 06-6145 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
Commerce Bank/Harrisburg, N.A. sets forth as of the date the Praecipe for Issuance of
the Writ of Execution was filed the following information concerning the real property located at
8 Megan Court, Cumberland County, Pennsylvania (Parcel No. 26-23-0541-319), as more
particularly described on Exhibit "A" attached hereto:
1. Name and address of owner or reputed owner(s):
Matthew Tucci
Suann M. Tucci
8 Megan Court
New Cumberland, PA 17070
2. Name and address of the Defendant(s) in the judgment:
Matthew Tucci
Suann M. Tucci
8 Megan Court
New Cumberland, PA 17070
3. The name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
(b) Susquehanna Bank, formerly, Central Savings and Loan Association
1570 Manheim Pike
P.O. Box 3300
Lancaster, PA 17604-3300
(c) Commerce Bank/Harrisburg, N.A.
Commerce Center
3801 Paxton Street
Harrisburg, PA 17111
4. The name and address of the last recorded holder of every mortgage of record:
(a) Susquehanna Bank, formerly, Central Savings and Loan Association
1570 Manheim Pike
P.O. Box 3300
Lancaster, PA 17604-3300
(b) Belco Community Credit Union
403 N. 2d Street
P.O. Box 82
Harrisburg, PA 17101
(c) Pennsylvania Housing Finance Agency
211 North Front Street
P.O. Box 15530
Harrisburg, PA 17105-5530
(d) Commerce Bank/Harrisburg, N.A.
Commerce Center
3801 Paxton Street
Harrisburg, PA 17111
5. The name and address of every other person who has any record lien on the
property:
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, Pa 17013
6. The name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
2
Buveau Of COMPllance
(a) Department 280948 9th Floor
because it
Square 1100 property
Strawberry P A. 17128-
Harrisburg • eved to be a lien against the
(This judgmen hew not believed
Only-)
is against Matt
ity Credit Union
(b) Belco 2d Street
403 N.
p.0. BOX 82
Harrisburg, p?,17101 erty because it
is not believed to be a lien against the prop
(This judgment S Tucci only.)
is against Matthew om the plaintiff has any
other person Of which whhich may be affected by the
Of every
in the property
7 The name and o has dress o any interest
knowledge who has any inter
sale:
None found. and correct to the to the best of
he statements made in this affidavit are true
ents herein are made subject
I verify that t d that false
and belief. I understan falsification to authorities.
my sta
penalties of 18 information Paan.C•S. § 4904 relating to unS°'1Orn
%?7 .,'` /; 1;41A I //1
Dated: 3-12'11001
464265VI
Angela A. Massv?, • -- N A
Commerce Bank/Harnsburg,
EXHIBIT A
ALL that certain tract or parcel of land situate in the Borough of New Cumberland, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point in the easterly right-of-way line of Megan Court at the dividing line
ts;
between the premises herein described and Lot No. 28 on the
north thirty-three (33) degrees thirty-nine
thence along said right-of-way line of Megan Court (39) minutes twenty-three (23) seconds east a distance of sixteen and seventy-seven one-
hundredths (16.77) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north fifty-seven (57) degrees forty-five (45) minutes four (04)
seconds east and a radius of twenty-five (25) feet for an arc length of twenty-one and three one-
hundredths (21.03) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north forty-six (46) degrees twelve (12) minutes sixteen (16) seconds
east and a radius of fifty (50) feet for an arc length of sixty-two and twenty-one one-hundredths
(62.21) feet to a point; thence along the dividing line between the premises herein described and
Lot No. 30 on the hereinafter mentioned plan of lots south seventy-nine (79) degrees twenty-six
(26) minutes fourteen (14) seconds east a distance of one hundred twenty-four and fifty-five one-
hundredths (124.55) feet to a point; thence along the line of lands now or formerly of Conrail
along the arc of a curve having a chord bearing of south thirty-four (34) degrees twenty-four (24)
minutes thirty-two (32) seconds east and a radius of nine thousand five
eighty hundred one one- dredthnine
thirty one-hundredths (9,599.30) feet for an arc length of fifty and
(50.81) feet to a point; thence along the dividing line between the premises herein described and
Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots south sixty (60) degrees thirty-one sixteen
and fifty- (31) minutes thirty-four (34) seconds west distance
the dividing line fir t above mentioned north
hundredths (116.59) feet to a point; thence along
sixty-four (64) degrees seventeen (17) minutes thirty-eight (38) seconds west a distance of one
hundred thirty-one and twenty-six one-hundredths (131.26) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 29 on the Plan of Westover Gardens, which plan is recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 46, Page 126.
CONTAINING 15,217.281 square feet.
UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way
of record including but not limited to a Declaration dated December 10, 1984 and recorded on
December 10, 1984 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania
in Misc. Book Volume 301, Page 372 and the Amendment
Misc. thereto BoVolume 08, Page 372nd
recorded on August 20, 1985 in the Office aforesaid
ALSO UNDER AND SUBJECT to two sanitary sewer easements and a drainage easement.
467106v1
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METTE, EVANS & WOODSIDE
Melanie L. Vanderau, Esquire
Identification No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 06-6145 Civil Term
AFFIDAVIT OF DEFENDANT'S LAST KNOWN ADDRESS
Personally appeared before me, the undersigned, Angela A. Masser, who, being duly
sworn according to law, deposes and says that she is the Vice President of Commerce
Bank/Harrisburg, N.A. and that according to the best of her information and belief, the last
known address employed by the Defendants is:
Matthew Tucci
Suann M. Tucci
8 Megan Court
New Cumberland PA 17070
Angela r'
A. Masser, Vice President
Commerce Bank/Harrisburg, N.A.
Dated: March , 2007
Sworn d subscribe efore me
this day of Fe ry, 2007.
- P nwww
Pu li ? ? N?y p4a
TMP., CM60rim County
Expires: Eket Aup. 27, 2005
r?s
C7 ?? C?
C11 "i
i-"
METTE, EVANS & WOODSIDE
Melanie L. Vanderau, Esquire
Identification No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 06-6145 Civil Term
AFFIDAVIT OF NON-MILITARY SERVICE
Personally appeared before me, the undersigned, Angela A. Masser who, being duly
sworn according to law, deposes and says that she is the Vice President of Commerce
Bank/Harrisburg, N.A. and that according to the best of her information and belief the
Defendants listed below are not in the United States Military Service.
Matthew Tucci
Suann M. Tucci
Dated: March , 2007
Sworn and subscribed before me
this ,)day of February, 2007.
8 Megan Court
New Cumberland PA 17070
Angel A. ser, Vice President
Commerce Bank/Harrisburg, N.A.
Be 01ONSAW
WANK a&
y u lic 7EMPoram 7WM S, ?y pd*
., owes hrid 0"
pirw /Wg, V. 2=
Commission Expires:
464266v1
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COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 06-6145 Civil Term
NOTICE OF SHERIFF'S SALE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2
TAKE NOTICE:
That a Sheriff s Sale of Real Property (Real Estate) will be held in the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA, 10:00 AM, prevailing time.
THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions
mainly consisting of a statement of the measured boundaries of the property.
(SEE METES AND BOUNDS DESCRIPTION
ATTACHED HERETO AT EXHIBIT "A".)
This property has been improved by buildings and certain other improvements.
THE LOCATION of the property to be sold is:
8 Megan Court, New Cumberland, Cumberland County, Pennsylvania
(Parcel No. 26-23-0541-319)
THE JUDGMENT under or pursuant to which the properties are being sold is
docketed to:
No. 06-6145
THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY
IS:
Matthew S. Tucci
Suann M. Tucci
A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or
governmental or corporation entities or agencies being entitled to receive part of the proceeds of
the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or
municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than
thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the
Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing
of the Schedule. Information about the Schedule of Distribution may be obtained from the
Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
PA 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108 or 717-249-3166
The legal rights you may have are:
1. You may file a petition with the Court of Common Pleas of Cumberland
County to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same Court if you
are aware of a legal defect in the obligation or the procedure against you.
2. After the Sheriff's Sale you may file a petition with the Court of Common
Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other
proper cause. This petition must be filed before the Sheriff's Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County.
The petition must be served on the attorney for the creditor or on the creditor before
representation to the Court and a proposed order or rule must be attached to the petition. If a
specific return date is desired, such date must be obtained from the Court Administrator's Office,
1 Courthouse Square, 3R, Carlisle, PA 17113, before the presentation of the petition to the Court.
4. A copy of the Writ of Execution is attached hereto at Exhibit "B "
SHERIFF OF CUMBERLAND COUNTY
2
464580v1
EXHIBIT A
ALL that certain tract or parcel of land situate in the Borough of New Cumberland, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point in the easterly right-of-way line of Megan Court at the dividing line
between the premises herein described and Lot No. 28 on the hereinafter mentioned plan of lots;
thence along said right-of-way line of Megan Court north thirty-three (33) degrees thirty-nine
(39) minutes twenty-three (23) seconds east a distance of sixteen and seventy-seven one-
hundredths (16.77) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north fifty-seven (57) degrees forty-five (45) minutes four (04)
seconds east and a radius of twenty-five (25) feet for an arc length of twenty-one and three one-
hundredths (21.03) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north forty-six (46) degrees twelve (12) minutes sixteen (16) seconds
east and a radius of fifty (50) feet for an arc length of sixty-two and twenty-one one-hundredths
(62.21) feet to a point; thence along the dividing line between the premises herein described and
Lot No. 30 on the hereinafter mentioned plan of lots south seventy-nine (79) degrees twenty-six
(26) minutes fourteen (14) seconds east a distance of one hundred twenty-four and fifty-five one-
hundredths (124.55) feet to a point; thence along the line of lands now or formerly of Conrail
along the arc of a curve having a chord bearing of south thirty-four (34) degrees twenty-four (24)
minutes thirty-two (32) seconds east and a radius of nine thousand five hundred ninety-nine and
thirty one-hundredths (9,599.30) feet for an arc length of fifty and eighty one one-hundredths
(50.81) feet to a point; thence along the dividing line between the premises herein described and
Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots south sixty (60) degrees thirty-one
(31) minutes thirty-four (34) seconds west a distance of one hundred sixteen and fifty-nine one-
hundredths (116.59) feet to a point; thence along the dividing line first above mentioned north
sixty-four (64) degrees seventeen (17) minutes thirty-eight (38) seconds west a distance of one
hundred thirty-one and twenty-six one-hundredths (131.26) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 29 on the Plan of Westover Gardens, which plan is recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 46, Page 126.
CONTAINING 15,217.281 square feet.
UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way
of record including but not limited to a Declaration dated December 10, 1984 and recorded on
December 10, 1984 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania
in Misc. Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and
recorded on August 20, 1985 in the Office aforesaid in Misc. Book Volume 308, Page 372.
ALSO UNDER AND SUBJECT to two sanitary sewer easements and a drainage easement.
467106v1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMERCE BANK/ Confessed Judgment
HARRISBURG, N.A., X Other (Judgment in Mortgage
Foreclosure)
Plaintiff No.: 06-6145 Civil Term
V. Amount Due: $51,2119.90 principal,
MATTHEW TUCCI and $419.85 in late fees, $4,105.31 in interest,
SUANN ATT M. TUCCI, plus interest accruing after March 12, 2007
M
at the rate of $14.58344 per day, and
$4741.09 in attorneys' fees, expenses and
costs, plus attorneys' fees, expenses and
Defendants costs accruing after March 12, 2007.
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that this Praecipe does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended,
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs
upon the following described property of the defendants:
8 Megan Court
New Cumberland, PA 17070
PRAECIPE FOR WRIT OF EXECUTION
Issue writ of execution to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing
execution against the above-named garnishee(s) for the following property:
8 Megan Court
New Cumberland, PA 17070
Six (6) copies of the legal description of the land are attached.
Date:Mauo 12, -? Signature:
Name: Wlanie L. Vanderau
Address: Mette, Evans & Woodside
3401 N. Front Street
P.O. Box 5950
Harrisburg, Pa 17110-0950
Attorney for: Plaintiff
Telephone: (717) 232-5000
Supreme Court I.D. No.: 203167
462142v1
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METTE, EVANS & WOODSIDE
Melanie L. Vanderau, Esquire
Identification No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. -06-6145 Civil Term
AFFIDAVIT OF SERVICE
I, Melanie L. Vanderau, Esquire, do hereby declare:
1. I am an attorney for Commerce Bank/Harrisburg, N.A. and I am authorized to
make this Affidavit.
2. The Sheriff of Cumberland County has reported that on April 13, 2007, he or his
deputy posted a handbill on the property pursuant to Pennsylvania Rule of Civil Procedure No.
3129.2(b). The content of this handbill is contained in the Notice of Sheriff s Sale filed with the
Sheriff's Office. A true and correct copy of the contents of this notice as posted is attached
hereto as Exhibit 1 and incorporated herein by reference (the "Notice"). The Sheriff of
Cumberland County has also reported that on April 13, 2007, he or his deputy personally served
a copy of the Notice upon the Defendants.
3. On May 7, 2007, I caused to be deposited by courier in the United States Mail,
First Class, postage prepaid, the Notice to Matthew S. Tucci and Suann M. Tucci, owners or
reported owners and Defendants in this case as shown on Plaintiffs Affidavit pursuant to Rule
3129.1 which was filed with the Prothonotary on March 12, 2007. The Certificates of Mailing
are attached hereto at Exhibit 2 and incorporated herein by reference.
4. On May 7, 2007, I caused to be deposited by courier in the United States Mail,
First Class, postage prepaid, the Notice to every judgment creditor whose judgment is a record
lien on the real property to be sold. These parties are identified in Plaintiff s Affidavit, supra.
The Certificates of Mailing are attached hereto at Exhibit 3 and incorporated herein by reference.
5. On May 7, 2007, I caused to be deposited by courier in the United States Mail,
First Class, postage prepaid, the Notice to every last recorded holder of every mortgage of
record. These parties are identified in Plaintiffs Affidavit, supra. The Certificates of Mailing
are attached hereto at Exhibit 4 and incorporated herein by reference.
6. On May 7, 2007, I caused to be deposited by courier in the United States Mail,
First Class, postage prepaid, the Notice to every other person who has a record lien on the
property. This party is identified in Plaintiff's Affidavit, supra. The Certificate of Mailing is
attached hereto at Exhibit 5 and incorporated herein by reference.
7. On May 7, 2007, I caused to be deposited by courier in the United States Mail,
First Class, postage prepaid, the Notice to every other person who has any record interest in the
property and whose interest may be affected by the sale. Such parties are identified in Plaintiffs
Affidavit, su ra. The Certificates of Mailing are attached hereto at Exhibit 6 and incorporated
herein by reference.
2
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 10th day of May,
2007.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By: 14Vak 04t?
ME NIE L. VANDERAU, ESQUIRE
Sup. Ct. I.D. No. 203167
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000- Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff
Commerce Bank/Harrisburg, N.A.
Date: May 10, 2007
VERIFICATION
I, Melanie L. Vanderau, Esquire, hereby verify and state that the facts set forth in the
foregoing document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements made herein are subject to the penalties of 18 Pa.
C.S.A. §4904 relating to unworn falsification to authorities.
DATED: MO Y43 10-7 Ljuopwo
Mel ;be L. Vanderau, Esquire
4
4710S1v1
.et
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 06-6145 Civil Term
NOTICE OF SHERIFF'S SALE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2
TAKE NOTICE:
That a Sheriff's Sale of Real Property (Real Estate) will be held in the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA, on June 13th, 2007, 10:00
AM, prevailing time.
THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions
mainly consisting of a statement of the measured boundaries of the property.
(SEE METES AND BOUNDS DESCRIPTION
ATTACHED HERETO AT EXHIBIT "A".)
This property has been improved by buildings and certain other improvements.
THE LOCATION of the property to be sold is:
docketed to:
IS:
8 Megan Court, New Cumberland, Cumberland County, Pennsylvania
(Parcel No. 26-23-0541-319)
THE JUDGMENT under or pursuant to which the properties are being sold is
No. 06-6145
THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY
Matthew S. Tucci
Suann M. Tucci
A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or
governmental or corporation entities or agencies being entitled to receive part of the proceeds of
the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or
municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than
thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the
Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing
of the Schedule. Information about the Schedule of Distribution may be obtained from the
Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
PA 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108 or 717-249-3166
The legal rights you may have are:
1. You may file a petition with the Court of Common Pleas of Cumberland
County to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same Court if you
are aware of a legal defect in the obligation or the procedure against you.
2. After the Sheriff's Sale you may file a petition with the Court of Common
Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other
proper cause. This petition must be filed before the Sheriff s Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County.
The petition must be served on the attorney for the creditor or on the creditor before
representation to the Court and a proposed order or rule must be attached to the petition. If a
specific return date is desired, such date must be obtained from the Court Administrator's Office,
1 Courthouse Square, 3R, Carlisle, PA 17113, before the presentation of the petition to the Court.
4. A copy of the Writ of Execution is attached hereto at Exhibit "B ".
SHERIFF OF CUMBERLAND COUNTY
2
464580vl
f/-kl ?) -? /I\-
a
EXHIBIT A
ALL that certain tract or parcel of land situate in the Borough of New Cumberland, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point in the easterly right-of-way line of Megan Court at the dividing line
between the premises herein described and Lot No. 28 on the hereinafter mentioned plan of lots;
thence along said right-of-way line of Megan Court north thirty-three (33) degrees thirty-nine
(39) minutes twenty-three (23) seconds east a distance of sixteen and seventy-seven one-
hundredths (16.77) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north fifty-seven (57) degrees forty-five (45) minutes four (04)
seconds east and a radius of twenty-five (25) feet for an arc length of twenty-one and three one-
hundredths (21.03) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north forty-six (46) degrees twelve (12) minutes sixteen (16) seconds
east and a radius of fifty (50) feet for an arc length of sixty-two and twenty-one one-hundredths
(62.21) feet to a point; thence along the dividing line between the premises herein described and
Lot No. 30 on the hereinafter mentioned plan of lots south seventy-nine (79) degrees twenty-six
(26) minutes fourteen (14) seconds east a distance of one hundred twenty-four and fifty-five one-
hundredths (124.55) feet to a point; thence along the line of lands now or formerly of Conrail
along the arc of a curve having a chord bearing of south thirty-four (34) degrees twenty-four (24)
minutes thirty-two (32) seconds east and a radius of nine thousand five hundred ninety-nine and
thirty one-hundredths (9,599.30) feet for an arc length of fifty and eighty one one-hundredths
(50.81) feet to a point; thence along the dividing line between the premises herein described and
Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots south sixty (60) degrees thirty-one
(31) minutes thirty-four (34) seconds west a distance of one hundred sixteen and fifty-nine one-
hundredths (116.59) feet to a point; thence along the dividing line first above mentioned north
sixty-four (64) degrees seventeen (17) minutes thirty-eight (38) seconds west a distance of one
hundred thirty-one and twenty-six one-hundredths (131.26) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 29 on the Plan of Westover Gardens, which plan is recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 46, Page 126.
CONTAINING 15,217.281 square feet.
UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way
of record including but not limited to a Declaration dated December 10, 1984 and recorded on
December 10, 1984 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania
in Misc. Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and
recorded on August 20, 1985 in the Office aforesaid in Misc. Book Volume 308, Page 372.
ALSO UNDER AND SUBJECT to two sanitary sewer easements and a drainage easement.
467106v1
? , kl??+ C,
A.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW TUCCI and
SUANN M. TUCCI,
Defendants
Confessed Judgment
X Other (Judgment in Mortgage
Foreclosure)
No.: 06-6145 Civil Term
Amount Due: $51,2119.90 principal,
$419.85 in late fees, $4,105.31 in interest,
plus interest accruing after March 12, 2007
at the rate of $14.58344 per day, and
$4741.09 in attorneys' fees, expenses and
costs, plus attorneys' fees, expenses and
costs accruing after March 12, 2007.
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that this Praecipe does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended,
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs
upon the following described property of the defendants:
8 Megan Court
New Cumberland, PA 17070
PRAECIPE FOR WRIT OF EXECUTION
Issue writ of execution to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing
execution against the above-named garnishee(s) for the following property:
8 Megan Court
New Cumberland, PA 17070
Six (6) copies of the legal description of the land are attached. (I
Date: fll a t h 12, 2a07 Signature: 7/J.U(?/?''? t/
Name: Janie L. Vanderau
Address: Mette, Evans & Woodside
3401 N. Front Street
P.O. Box 5950
Harrisburg, Pa 17110-0950
Attorney for: Plaintiff
Telephone: (717) 232-5000
Supreme Court I.D. No.: 203167
462142vl
d-l-
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL
DOES NOT
,
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Mette, Evans & Woodside ..:
3401 North Front Street, PO B 95
Harrisburg -
.1.
One piece of ordinary mail addressed to: t
Matthew Tucci S4
_ 8 Megan Court "
New Cumberland, PA 17070
PS Form 3817, January 2001
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Mette, Evans & Woodside
3401 North Front Street, PO Box 5950
Harrisburg PA 17110-0950
One piece of ordinary mail addressed to: ' V
Suann M. Tucci W ,;.
8 Megan Court G
New Cumberland. PA 17070 A? fin,
PS Form 3817, January 2001
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One piece of ordinary mail addressed to:
Susquehanna Bank
1570 Manheim Pike
PO Box 3300
1 Lancaster PA 17604-3300
PS Form 3817, January 2001
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One piece of ordinary mail addressed to:
Commerce Bank/Harrisburg, N.A.
Commerce Center
3801 Paxton Street
Harrisburg, PA 17111
PS Form 3817, January 2001
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One piece of ordinary mail addressed to:
Susquehanna Bank
1570 Manheim Pike
PO Box 3300
Ln e A 17604-1300
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One piece of ordinary mail addressed to:
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Belco Community Credit Unio4
403 N. 2d Street
PO Box 82 9
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Harrisburg PA 17101
PS Form 3817, January 2001
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One piece of ordinary mail addressed to:
Pennsylvania Housing Finance r nc
211 North Front Street
PO Box 15530
Harrisburg, PA 17105-5530
PS Form 3817, January 2001
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One piece of ordinary mail addressed to
Commerce Bank/Harrisburg, N.A.
Commerce Center
3801 Paxton Street
Harrisburg, PA 17111
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40 NORTH, FRONT STREEV
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One piece of ordinary mail addressed to: j
Cumberland County Tax Claim Bu v au
One Courthouse Square
Carlisle PA 17013
PS Form 3817, January 2001
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Received From: 3401 NORTH FRONT STREET.
One piece of ordinary mail addressed to: _I? y f c1
Bureau of Compliance
Department 280948 >
Strawberry Square, 9th Floor
Harrisburg, PA 17128-1100
PS Form 3817, January 2001
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Received From
iy^r.
One piece of ordinary mail addressed to:
Belco Community Credit Union'-`
403 N. 2d Street
PO Box 82
Harrisburg PA 17101
PS Form 3817, January 2001
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Commerce Bank/Harrisburg, N.A. In the Court of Common Pleas of
VS Cumberland County, Pennsylvania
Matthew S. Tucci and SuAnn M. Tucci Writ No. 2006-6145 Civil Term
Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on
April 13, 2007 at 1750 hours, he served a true copy of the within Real Estate Writ, Amended Notice
of Sale and Description, in the above entitled action, upon the within named defendants to wit:
Matthew S. Tucci and SuAnn M. Tucci, by making known unto Matthew Tucci, personally and
husband of SuAnne M. Tucci, at 8 Megan Court, New Cumberland, Cumberland County,
Pennsylvania its contents and at the same time handing to him personally the said true and correct
copy of the same.
Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on
April 13, 2007 at 1750 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster
and Description, in the above entitled action, upon the property of Matthew S. Tucci and SuAnn M.
Tucci, located at 8 Megan Court, New Cumberland, Cumberland County, Pennsylvania according
to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendants, to wit: Matthew S.
Tucci and SuAnn M. Tucci, by regular mail to their last known address of 8 Megan Court, New
Cumberland, PA 17070. These letters were mailed under the date of April 4, 2007 and never
returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of request from Attorney Melani Vanderau.
Sheriff s Costs:
Docketing $30.00
Poundage 27.40
Posting Handbills 15.00
Advertising 15.00
Law Library .50
Prothonotary 1.00
Mileage 32.64
Levy 15.00
Surcharge 30.00
Law Journal 635.00
Patriot News 539.57
Share of Bills 16.17
Postpone Sale 40.00
$1,397.28,/
I,?l°
So An we
R. Thomas Kline, Sheriff
n U'04
B
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Real Estate rgeant (?
METTE, EVANS & WOODSIDE
Melanie L. Vanderau, Esquire
Identification No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 06-6145 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
Commerce Bank/Harrisburg, N.A. sets forth as of the date the Praecipe for Issuance of
the Writ of Execution was filed the following information concerning the real property located at
8 Megan Court, Cumberland County, Pennsylvania (Parcel No. 26-23-0541-319), as more
particularly described on Exhibit "A" attached hereto:
1. Name and address of owner or reputed owner(s):
Matthew Tucci
Suann M. Tucci
8 Megan Court
New Cumberland, PA 17070
2. Name and address of the Defendant(s) in the judgment:
Matthew Tucci
Suann M. Tucci
8 Megan Court
New Cumberland, PA 17070
1
3. The name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
(b) Susquehanna Bank, formerly, Central Savings and Loan Association
1570 Manheim Pike
P.O. Box 3300
Lancaster, PA 17604-3300
(c) Commerce Bank/Harrisburg, N.A.
Commerce Center
3801 Paxton Street
Harrisburg, PA 17111
4. The name and address of the last recorded holder of every mortgage of record:
(a) Susquehanna Bank, formerly, Central Savings and Loan Association
1570 Manheim Pike
P.O. Box 3300
Lancaster, PA 17604-3300
(b) Belco Community Credit Union
403 N. 2d Street
P.O. Box 82
Harrisburg, PA 17101
(c) Pennsylvania Housing Finance Agency
211 North Front Street
P.O. Box 15530
Harrisburg, PA 17105-5530
(d) Commerce Bank/Harrisburg, N.A.
Commerce Center
3801 Paxton Street
Harrisburg, PA 17111
5. The name and address of every other person who has any record lien on the
property:
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, Pa 17013
6. The name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
2
(a) Bureau of Compliance
Department 280948
Strawberry Square, 9th Floor
Harrisburg PA 17128-1100
(This judgment is not believed to be a lien against the property because it
is against Matthew S. Tucci only.)
(b) Belco Community Credit Union
403 N. 2d Street
P.O. Box 82
Harrisburg, PA 17101
(This judgment is not believed to be a lien against the property because it
is against Matthew S. Tucci only.)
7. The name and address of every other person of whom the plaintiff has any
knowledge who has any interest in the property which may be affected by the
sale:
None found.
I verify that the statements made in this affidavit are true and correct to the best of
my information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities.
Angela,X-. Masser, Vice President
Commerce Bank/Harrisburg, N.A.
Dated: 3-12 -7001
3
464265vl
EXHIBIT A
ALL that certain tract or parcel of land situate in the Borough of New Cumberland, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point in the easterly right-of-way line of Megan Court at the dividing line
between the premises herein described and Lot No. 28 on the hereinafter mentioned plan of lots;
thence along said right-of-way line of Megan Court north thirty-three (33) degrees thirty-nine
(39) minutes twenty-three (23) seconds east a distance of sixteen and seventy-seven one-
hundredths (16.77) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north fifty-seven (57) degrees forty-five (45) minutes four (04)
seconds east and a radius of twenty-five (25) feet for an arc length of twenty-one and three one-
hundredths (21.03) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north forty-six (46) degrees twelve (12) minutes sixteen (16) seconds
east and a radius of fifty (50) feet for an arc length of sixty-two and twenty-one one-hundredths
(62.21) feet to a point; thence along the dividing line between the premises herein described and
Lot No. 30 on the hereinafter mentioned plan of lots south seventy-nine (79) degrees twenty-six
(26) minutes fourteen (14) seconds east a distance of one hundred twenty-four and fifty-five one-
hundredths (124.55) feet to a point; thence along the line of lands now or formerly of Conrail
along the arc of a curve having a chord bearing of south thirty-four (34) degrees twenty-four (24)
minutes thirty-two (32) seconds east and a radius of nine thousand five hundred ninety-nine and
thirty one-hundredths (9,599.30) feet for an arc length of fifty and eighty one one-hundredths
(50.81) feet to a point; thence along the dividing line between the premises herein described and
Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots south sixty (60) degrees thirty-one
(31) minutes thirty-four (34) seconds west a distance of one hundred sixteen and fifty-nine one-
hundredths (116.59) feet to a point; thence along the dividing line first above mentioned north
sixty-four (64) degrees seventeen (17) minutes thirty-eight (38) seconds west a distance of one
hundred thirty-one and twenty-six one-hundredths (131.26) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 29 on the Plan of Westover Gardens, which plan is recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 46, Page 126.
CONTAINING 15,217.281 square feet.
UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way
of record including but not limited to a Declaration dated December 10, 1984 and recorded on
December 10, 1984 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania
in Misc. Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and
recorded on August 20, 1985 in the Office aforesaid in Misc. Book Volume 308, Page 372.
ALSO UNDER AND SUBJECT to two sanitary sewer easements and a drainage easement.
467106v1
APR-04-2G07 WED 10:55 AM (CIS
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. T'UCCI and
SUANN M. TUCCI,
Defendants
271739938410000000000 P.002
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA.
. DOCKET NO. 06-6145 Civil Term
NOTICE OF SHERIFF'S SALE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL, PROCEDURE RULE 3129.2
TAKE NOTICE:
That a Sheriffs Sale of Real Property (Real Fstate) will be held in the
Cumberland County Courthouse,1 Courthouse Square, Carlisle, PA, on June 13th, 2007,10:00
AM, prevailing time.
THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions
mainly consisting of a statement of the measured boundaries of the property.
(SEE METES AND BOUNDS DESCRIPTION
ATTACHED HERETO AT EXILIBIT ".A".)
This property has been improved by buildings and certain other improvements.
THE LOCATION of the property to be sold is:
docketed to:
IS:
8 Megan Court, New Cumberland, Cumberland County, Pennsylvania
(Parcel No. 26=23-0541-319)
THE JUDGMENT under or pursuant to which the properties are being sold is
No. 06-6145
THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY
Matthew S. Tueci
Suann M. Tucci
A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or
governmental or corporation entities or agencies being entitled to receive part of the proceeds of
the sale received and to be disbursed by the Sheiiff (for example to banks that hold mortgages or
APR-04-2007 WED 10:56 AM ES
271739939410000000000 P-003
municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than
thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the
Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing
of the Schedule. Information about the Schedule of Distribution may be obtained from the
Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
PA 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA. 17013
1-800-990-9108 or 717-249-3166
The legal rights you may have are:
1. You may file a petition with the Court of Corxuaaoa. Pleas of Cumberland
County to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same Court if you
are aware of a legal defect in the obligation or the procedure against you.
2. After the Sheriffs Sale you may file a petition with the Court of Common
Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other
proper cause. This petition must be filed before the Sheriff's Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County.
The petition must be served on the attorney for the creditor or on the creditor before
representation to the Court and a proposed order or rule must be attached to the petition. If a
specific return date is desired, such date must be obtained from the Court Administrator's Office,
1 Courthouse Square, 3R, Carlisle, PA 17113, before the presentation of the petition to the Court.
4. A copy of the Writ of Execution is attached hereto at Exhibit "B "
2
SHERIFF OF CUMBERLAND COUNTY
464580v1
APR-04-2001 WED 10:56'AM MS 211139938410000000000 P-004
EXH BIT A
ALL that certain tract or parcel of land situate in the Borough of New Cumberland, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point in the easterly right-of-way line of Megan Court at the dividing line
between the premises herein described and Lot No. 28 on the hereinafter mentioned plan of lots;
thence along said right-of-way line of Megan Court north thirty-three (33) degrees thirty-nine
(39) minutes twenty-three (23) seconds east a distance of sixteen and seventy-seven one-
hundredths (16.77) feet to a point; thence continuing along the same along the are of a curve
having a chord bearing of north fifty-seven (57) degrees forty-five (45) minutes four (04)
seconds east and a radius of twenty-five (25) feet for an are length of twenty-one and three one-
hundredths (21.03) feet to a point; thence continuing along the same along the are of a curve
having a chord bearing of north forty-six (46) degrees twelve (12) minutes sixteen (16) seconds
east and a radius of fifty (50) feet for an are length of sixty-two and twenty-one one-hundredths
(62.21) feet to a point; thence along the dividing line between the premises herein described and
Lot No. 30 on the hereinafter mentioned plan of lots south seventy-nino (79) degrees twenty-six
(26) minutes fourteen (14) seconds east a distance of one hundred twenty-four and fifty-five one-
hundredths (124.55) feet to a point; thence along the line at lands now or formerly of Conrail
along the are of a curve:having a chord bearing of south thirty-four (34) degrees twenty-four (24)
minutes thirty-two (32) seconds east and a radius of nine thousand five hundred ninety-nine and
thirty one-hundredths (9,599.30) feet for an are length of fifty and eighty one one-hundredths
(50.81) feet to a point;-thence along the dividing line, between the premises herein described and
Lot Nos. 26 and 27 on, the hereinafter mentioned plan of lots south sixty (60) degrees thirty-one
(31) minutes thirty-four (34) seconds west a distance of one hundred sixteen and fifty-nine one-
hundredths (116.59) feet to a point; thence along the dividing line first above mentioned north
sixty-four (64) degrees seventeen (17) minutes thirty-eight (38) seconds west a distance of one
hundred thirty-one and twenty-six one-hundredths (131.26) feet to a point, the point and place of
BEGINNING.
BEING L6t No. 29 on the Plan of Westover Gardens, which plan is recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Boob 46, Page 126.
CONTAINING 15,217.281 squaxe feet,
UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way
of record* including but not limited to a Declaration dated December 10, 1984 and recorded on
December 10, 1984 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania
in Misc. Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and
recorded on August 20, 1985 in the Office aforesaid in Misc. Book Volume 308, Page 372.
ALSO UNDER AND SUBJECT to two sanitary sewer easements and a drainage easement.
467106VI
ARR-04-2101 WED 10:56' AM (CIS
711739938410000000000 P-005
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMERCE BANK/
HARRISBURG, N,A,,
Plaintiff
V.
MATTHEW TUCCI and
SUANN M. TUCCI,
Defendants
Confessed Judgment
Y? Other (Judgment in Mortgage
Foreclosure)
No.: 06-6145 Civil Term
Amount Due: $51,2119.90 principal,
$419.85 in late fees, $4,105.31 in interest,
plus interest accruing after March 12, 2007
at the rate of $14.58344 per day, and
$4741.09 in attorneys' fees, expenses and
costs, plus attorneys' fees, expenses and
costs accruing after March 12, 2007.
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that this Praecipe does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended, and for real property pursuant to Act 6 of 1974 as amended,
issue writ.of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs
upon the following described property of the defendants:
8 Magart Court
New Cumberland, PA 17070
PRAECIPE FOR WRIT OF EXECUTION
Issue writ of execution to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing
execution against the above-named garnishee(s) for the following property:
8 Megan Court
New Cumberland, PA 17070
Six (6) copies of the legal description of the land are attached.
Aate: Ma r)i 12, fool Signature: //.Lc?i:1? 1 O Uaq&uC?
Name: Janie L. Vanderau
Address: Mette, Evans & Woodside
3401 N. Front Street ?-?
P.O. Box 5950 -n
Harrisburg, Pa 17110-0950 --Y- -`d
Attorney for; Plaintiff
Telephone: (717) 232-5000 `= ' --- = ycrM-.
Supreme Court I.D. No.: 203167 - ter. a
Y i-- -?
W
462142v!
EXHIBIT A
ALL that certain tract or parcel of land situate in the Borough of New Cumberland, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point in the easterly right-of-way line of Megan Court at the dividing line
between the premises herein described and Lot No. 28 on the hereinafter mentioned plan of lots;
thence along said right-of-way line of Megan Court north thirty-three (33) degrees thirty-nine
(39) minutes twenty-three (23) seconds east a distance of sixteen and seventy-seven one-
hundredths (16.77) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north fifty-seven (57) degrees forty-five (45) minutes four (04)
seconds east and a radius of twenty-five (25) feet for an arc length of twenty-one and three one-
hundredths (21.03) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north forty-six (46) degrees twelve (12) minutes sixteen (16) seconds
east and a radius of fifty (50) feet for an arc length of sixty-two and twenty-one one-hundredths
(62.21) feet to a point; thence along the dividing line between the premises herein described and
Lot No. 30 on the hereinafter mentioned plan of lots south seventy-nine (79) degrees twenty-six
(26) minutes fourteen (14) seconds east a distance of one hundred twenty-four and fifty-five one-
hundredths (124.55) feet to a point; thence along the line of lands now or formerly of Conrail
along the arc of a curve having a chord bearing of south thirty-four (34) degrees twenty-four (24)
minutes thirty-two (32) seconds east and a radius of nine thousand five hundred ninety-nine and
thirty one-hundredths (9,599.30) feet for an arc length of fifty and eighty one one-hundredths
(50.81) feet to a point; thence along the dividing line between the premises herein described and
Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots south sixty (60) degrees thirty-one
(31) minutes thirty-four (34) seconds west a distance of one hundred sixteen and fifty-nine one-
hundredths (116.59) feet to a point; thence along the dividing line first above mentioned north
sixty-four (64) degrees seventeen (17) minutes thirty-eight (38) seconds west a distance of one
hundred thirty-one and twenty-six one-hundredths (131.26) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 29 on the Plan of Westover Gardens, which plan is recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 46, Page 126.
CONTAINING 15,217.281 square feet.
UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way
of record including but not limited to a Declaration dated December 10, 1984 and recorded on
December 10, 1984 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania
in Misc. Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and
recorded on August 20, 1985 in the Office aforesaid in Misc. Book Volume 308, Page 372.
ALSO UNDER AND SUBJECT to two sanitary sewer easements and a drainage easement.
467106v1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW TUCCI and
SUANN M. TUCCI,
Defendants
TO THE PROTHONOTARY OF THE SAID COURT:
Confessed Judgment
X Other (Judgment in Mortgage
Foreclosure)
No.: 06-6145 Civil Term
Amount Due: $51,2119.90 principal,
$419.85 in late fees, $4,105.31 in interest,
plus interest accruing after March 12, 2007
at the rate of $14.58344 per day, and
$4741.09 in attorneys' fees, expenses and
costs, plus attorneys' fees, expenses and
costs accruing after March 12, 2007.
The undersigned hereby certifies that this Praecipe does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended,
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs
upon the following described property of the defendants:
8 Megan Court
New Cumberland, PA 17070
PRAECIPE FOR WRIT OF EXECUTION
Issue writ of execution to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing
execution against the above-named garnishee(s) for the following property:
8 Megan Court
New Cumberland, PA 17070
Six (6) copies of the legal description of the land are attached.
Date: fll u,h 12, ?, q
Signature: xxk4?1 ? Ua0cct,(t11_
Name: lanie L. Vanderau
Address: Mette, Evans & Woodside
3401 N. Front Street
P.O. Box 5950
Harrisburg, Pa 17110-0950
Attorney for: Plaintiff
Telephone: (717) 232-5000
Supreme Court I.D. No.: 203167
462142v1
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N006-6145 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG, N.A. Plaintiff (s)
From MATTHEW TUCCI AND SUANN M. TUCCI
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRITION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$51,219.90
L.L.$.50
Interest $4,105.31 PLUS INTEREST ACCRUING AFTER MARCH 12,2007 AT THE RATE OF
$14.58344 PER DAY
Atty's Comm %
Due Prothy $1.00
Atty Paid $140.08 Other Costs$419.85 IN LATE FEES, AND
$4741.09 IN ATTORNEYS' FEES, EXPENSES AND COSTS, PLUS ATTORNEYS' FEES
EXPENSES AND COSTS ACCRUING AFTER MARCH 12, 2007.
Plaintiff Paid
Date: MARCH 12, 2007
(Seal)
C s R. Long, P notar
By:
Deputy
REQUESTING PARTY:
Name MELANI L. VANDERAU
Address: METTE, EVANS & WOODSIDE
3401 N. FRONT STREET
P.O BOX 5950
HARRISBURG, PA 17110-0950
Attorney for: PLAINTIFF
Telephone : 717-232-5000
Supreme Court ID No. 203167
Real Estate Sale # 88
On March 15, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
New Cumberland Borough, Cumberland County, PA
Known and numbered as 8 Megan Court,
New Cumberland, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: March 15, 2007 By:
Real Estate Sergeant
L 00,7
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the
2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
SALE#86
.. .. .. . ......... 4 . . ....... .........
Sworn to and subscribed befl?gf Kl 1?.
Notarial Seal
Terry L Russell, Notary Public
City Of Hamsburg, Dauphin County
Nty Commission Expires June 6, 2010
Me or, Pennsylvania Association of Notaries
N ARY PUBLIC
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Oleo OILM
Oil 7W A.
M' I.
F
IMP06
eiatiid aiaet or paeeel of h?a siluaaie in
of Newfuml>e<latd, County of
and Commonwealth of
Permsyhwia, more particularly bounded and
described as follows, to wit
BEGINNING at a paint in the easterly tight-of-
way line of Megan Court at the dividing line
between the premises beiran. described and Lot
No. 28 on the han iox'ter mentioned plan of lots;
thence along said tight-of-way line of Megan
Court north "4= (33) depas durty-nine
(39) minutes twenty-three (23) seconds east a
distance of sixteen and seventy-seven one
hundredths (16.77) feel to -a point; Thence
continuing along the"same al ft the are of a
cove having a chord hearing of north fifty-seven
(57) degrees for"* f45) mi outes four (04)
seconds east and a radius of twemy-five (25) feet
for an are length of Urmy-one and three one
hundredths (21.03) feet to a point, thence
containing along The same along the arc of a
carve having a chord bung of nor* forty-six
x(46) degrees twelve (12) minutes sixteen (16)
'seconds east and a tadirts of fifty (5()) feet for an
arc length of sixty-two and twenty-one onekundro lhs(62,21) fret to a point; thence along
Ahe dividing line between the premises_herem
Awribed and Lot No. 30 on he hereinafter
mitered Plan Of Doty aarrh seMq-nine (79)
degrees twenty-six (26) miaarres fourteen (14)
axonds east a distance of one Veit twenty-
kw and fifty-fire M.lumidtadths (12455) feet
n a paanfi thence along the line of lands now or
lnrmedy of Conan along the are of a curve
Ilaving a chord bearing of somh thirty-£ow (34)
degrees twenty-four (24)'minates thirty-two (32)
aeconds east and a radios of nine thousand five
koidied airier} trine sad thirty one-hua&Mths
(9,599.30) feat for an air length of fifty and
eighty one one hundted(6s (50.81) fed to a
point; thence along the dtvg* line between the
premises herein doscrit ed and Lot Nos. 26 and
27 on the harmifter mentioned plan of lots
south sixty (60) degrees thirty-one (31) minutes
thrtty-four (34) seconds west a dimice of one
hundred sixteen and fifty-nine one hundredths
(116.59) feet to a point; thence along the
dividing line first above mentioned north sixty-
four (64) degrees seventeen (17) minutes thirty.
eight (38) seconds west a distance of one
hundred thirty-orie and twenty-six one-
brmdredths (13126) feet to a point, the point
and place of BB 1NM..
1lWO Lot No. 29 on the Plan of Westover
Owdens, which plan is recorded in the Office of
ffie Recorder of Doeds of Cumberland Canty,
Ilouylvaoia, in Plan Boast 46, page 126.
QWUNNG'15,217.281 square fem.
UM" AND SUBJ I T ,16 all applicable
restrictions, reservatiuns,.easa aaft end rights-
Of-way of acad including'but not limited to a
Mcimbon dated December 10, 1984 and
Worded on DeceaHbtr.10,1984 in the,Office of
the Recorder of Deeds of Gad County,
Pemylvania in h fisc. Book Volume 301, Page
372 and, the Amendment dwreto dated:A%mt
19, 1+I85 and rertdied an Auk 20, 1985 it the
())f¢e dfoaea*%ia Mitc. Baal; Volrme '308,
Pa372.
AM UNDIR AND SLWCP to tyro sam ary
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 20, 27, May 4, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
"-I-.e?- '? --2, -
isa Marie Coyn ditor
SWORN TO AND SUBSCRIBED before me this
___4 ___day of MaL 2007
NOTARIAL SEAL
LOIS E. SNYDER, Notary Public
Carlisle Soro, Cumberland County
My Corn;nission Expires March 5, 2009
JU AL ZerATZ &AM 110. 98
Writ No. 2006-6145 Civil
Commerce Bank/Harrisburg, N.A.
VS.
Matthews. Tucci and
SuAnn M. Tucci
Atty.: Melant Vanderau
EXHIBIT A
ALL that certain tract or parcel
of land situate in the Borough of
New Cumberland, County of Cum-
berland and Commonwealth of
Pennsylvania, more particularly
bounded and described as follows,
to wit:
BEGINNING at a point in the
easterly right-of-way line of Megan
Court at the dividing line between
the premises herein described and
Lot No. 28 on the hereinafter men-
tioned plan of lots; thence along said
right-of-way line of Megan Court
north thirty-three (33) degrees thirty-
nine (39) minutes twenty-three (23)
seconds east a distance of sixteen
and seventy-seven one-hundredths
(16.77) feet to a point; thence con-
tinuing along the same along the am
of a curve having a chord bearing
of north fifty-seven (57) degrees
forty-five (45) minutes four (04) sec-
onds east and a radius of twenty-
five (25) feet for an arc length of
twenty-one and three one-hun-
dredths (21.03) feet to a point;
thence continuing along the same
along the are of a curve having a
chord bearing of north forty-six (46)
degrees twelve (12) minutes sixteen
(16) seconds east and a radius of
fifty (50) feet for an arc length of
sixty-two and twenty-one one-hun-
dredths (62.21) feet to a point;
thence along the dividing line be-
tween the premises herein de-
scribed and Lot No. 30 on the here-
inafter mentioned plan of lots south
seventy-nine (79) degrees twenty-six
(26) minutes fourteen (14) seconds
east a distance of one hundred
twenty-four and fifty-five one-hun-
dredths (124.55) feet to a point;
thence along the line of lands now
or formerly of Conrail along the are
of a curve having a chord bearing
of south thirty-four (34) degrees
twenty-four (24) minutes thirty-two
(32) seconds east and a radius of
nine thousand five hundred ninety-
nine and thirty one-hundredths
(9,599.30) feet for an are length of
fifty and eighty one one-hundredths
(50.81) feet to a point; thence along
the dividing line between the prem-
ises herein described and Lot Nos.
26 and 27 on the hereinafter men-
tioned plan of lots south sixty (60)
degrees thirty-one (31) minutes
thirty-four (34) seconds west a dis-
tance of one hundred sixteen and
fifty-nine one-hundredths (116.59)
feet to a point; thence along the di-
viding line first above mentioned
north sixty-four (64) degrees sev-
enteen (17) minutes thirty-eight (38)
seconds west a distance of one hun-
dred thirty-one and twenty-six one-
hundredths (131.26) filet to a point,
the point and place of BEODGIGNG.
BEING Lot No. 29 on the Plan of
Westover Gardens, which plan is
recorded in the office of the Re-
corder of Deeds of Cumberland
County, Pennsylvania, in Plan Book
46, Page 126.
CONTAINING 15,217.281 square
feet.
UNDER AND SUBJECT to all
applicable restrictions, reservations,
easements and rights-of-way of
record including but not limited to
a Declaration dated December 10,
1984 and recorded on December
10, 1984 in the office of the Re-
corder of Deeds of Cumberland
County, Pennsylvania in Misc. Book
Volume 301, Page 372 and the
Amendment thereto dated August
19, 1985 and recorded on August
20, 1985 in the Office aforesaid in
Misc. Book Volume 308, Page 372.
ALSO UNDER AND SUBJECT to
two sanitary sewer easements and
a drainage easement.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW TUCCI and
SUANN M. TUCCI,
Defendants
Confessed Judgment
X Other (Judgment in Mortgage
Foreclosure)
No.: 06-6145 Civil Term
Amount Due: $52,499.90 principal,
$3,009.28 in late fees, $3,862.94 in interest,
plus interest accruing after February 25,
2010 at the rate of $7.66 per day, and
$22,424.83 in attorneys' fees, expenses and
costs, plus attorneys' fees, expenses and
costs accruing after February 25, 2010.
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that this Praecipe does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended,
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs
upon the following described property of the defendants:
8 Megan Court
New Cumberland, PA 17070
PRAECIPE FOR WRIT OF EXECUTION
Issue writ of execution to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing
execution against the above-named garnishee(s) for the following property:
8 Megan Court
New Cumberland, PA 17070
Six (6) copies of the legal description of the land are attached
Date: 3 -?U-o?i? Signature: // y
Name: Janie L. Vanderau
Address: Mette, Evans & Woodside
3401 N. Front Street
P.O. Box 5950
Harrisburg, Pa 17110-0950
Attorney for: Plaintiff
Telephone: (717) 232-5000
Supreme Court I.D. No.: 203167
524695v1
EXHIBIT A
ALL that certain tract or parcel of land situate in the Borough of New Cumberland, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point in the easterly right-of-way line of Megan Court at the dividing line
between the premises herein described and Lot No. 28 on the hereinafter mentioned plan of lots;
thence along said right-of-way line of Megan Court north thirty-three (33) degrees thirty-nine
(39) minutes twenty-three (23) seconds east a distance of sixteen and seventy-seven one-
hundredths (16.77) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north fifty-seven (57) degrees forty-five (45) minutes four (04)
seconds east and a radius of twenty-five (25) feet for an are length of twenty-one and three one-
hundredths (21.03) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north forty-six (46) degrees twelve (12) minutes sixteen (16) seconds
east and a radius of fifty (50) feet for an arc length of sixty-two and twenty-one one-hundredths
(62.21) feet to a point; thence along the dividing line between the premises herein described and
Lot No. 30 on the hereinafter mentioned plan of lots south seventy-nine (79) degrees twenty-six
(26) minutes fourteen (14) seconds east a distance of one hundred twenty-four and fifty-five one-
hundredths (124.55) feet to a point; thence along the line of lands now or formerly of Conrail
along the arc of a curve having a chord bearing of south thirty-four (34) degrees twenty-four (24)
minutes thirty-two (32) seconds east and a radius of nine thousand five hundred ninety-nine and
thirty one-hundredths (9,599.30) feet for an arc length of fifty and eighty one one-hundredths
(50.81) feet to a point; thence along the dividing line between the premises herein described and
Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots south sixty (60) degrees thirty-one
(31) minutes thirty-four (34) seconds west a distance of one hundred sixteen and fifty-nine one-
hundredths (116.59) feet to a point; thence along the dividing line first above mentioned north
sixty-four (64) degrees seventeen (17) minutes thirty-eight (38) seconds west a distance of one
hundred thirty-one and twenty-six one-hundredths (131.26) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 29 on the Plan of Westover Gardens, which plan is recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 46, Page 126.
CONTAINING 15,217.281 square feet.
UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way
of record including but not limited to a Declaration dated December 10, 1984 and recorded on
December 10, 1984 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania
in Misc. Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and
recorded on August 20, 1985 in the Office aforesaid in Misc. Book Volume 308, Page 372.
ALSO UNDER AND SUBJECT to two sanitary sewer easements and a drainage easement.
467106v1
12 VJ (- :D
Cull
?a.os a8F"
!lo . oo ?.
.00
15.00
-TI-6 58.8 -PD A'ri'Y
4a..00 1 ve Co
coggm
PT* ass8aR
RE Lori+ 4utuj
METTE, EVANS & WOODSIDE
Melanie L. Vanderau, Esquire
Identification No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
774 Pp„ r
20101ft?? 12? 10: 20
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 06-6145 Civil Term
AFFIDAVIT OF DEFENDANT'S LAST KNOWN ADDRESS
Personally appeared before me, the undersigned, Amy Custer, who, being duly sworn
according to law, deposes and says that she is the Asset Recovery Supervisor of Metro Bank,
f/k/a Commerce Bank/Harrisburg, N.A. and that according to the best of her information and
belief, the last known address employed by the Defendants is:
Matthew Tucci
Suann M. Tucci
Dated: March 1a , 2010
Sworn and subscribed before me
this lJa' day of March, 2010.
8 Megan Court
New Cumberland PA 17070
Cust , Asset Recovery
Supervisor, Metro Bank, f/k/a
Commerce Bank/Harrisburg, N.A.
r
No ublic
My Commission Expires:, la(j ??
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Kally Wake, Notary Public
&/ Of ifWW)utg bauplgn C,„ ty
My COl1III1i3S M Expires Aug. 28, 2011
Member, Pennsylvania Association of Notaries
METTE, EVANS & WOODSIDE
Melanie L. Vanderau, Esquire
Identification No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
F FILED-c; iC
THr F ?Y ?; nY
2010 MAIR 12 AN 10: 26
CUly' }
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 06-6145 Civil Term
AFFIDAVIT OF NON-MILITARY SERVICE
Personally appeared before me, the undersigned, Amy Custer who, being duly sworn
according to law, deposes and says that she is the Asset Recovery Supervisor of Metro Bank,
f/k/a Commerce Bank/Harrisburg, N.A. and that according to the best of her information and
belief the Defendants listed below are not in the United States Military Service.
Matthew Tucci
Suann M. Tucci
Dated: March ? , 2010
Sworn and subscribed before me
this Q?. day of March, 2010.
8 Megan Court
New Cumberland PA 17070
y Cu ter, Asset Recovery
Supervisor, Metro Bank, f/k/a
Commerce Bank/Harrisburg, N.A.
Notar 7 ublic
My Commission Expires: l )i \
COMMONWEALTH OF PENNSYLVANIA
52 697v l Notarial Seed
Kelly Walton, Notary Public
CRY Of RWISI urg, Un#Vn County
My Carmrission Expires Aug. 2% 2011
Member, Pennsylvania Association of Notaries
,40
METTE, EVANS & WOODSIDE
Melanie L. Vanderau, Esquire
Identification No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
THE
2010 HAR 12 41410: 26
CllP?? „
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 06-6145 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. sets forth as of the date the Praecipe
for Issuance of the Writ of Execution was filed the following information concerning the real
property located at 8 Megan Court, Cumberland County, Pennsylvania (Parcel No. 26-23-0541-
319), as more particularly described on Exhibit "A" attached hereto:
1. Name and address of owner or reputed owner(s):
Matthew Tucci
Suann M. Tucci
8 Megan Court
New Cumberland, PA 17070
2. Name and address of the Defendant(s) in the judgment:
Matthew Tucci
Suann M. Tucci
8 Megan Court
New Cumberland, PA 17070
3. The name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
(a) New Cumberland Borough
1120 Market Street
New Cumberland PA 17070
(b) Metro Bank f/k/a Commerce Bank/Harrisburg, N.A.
3801 Paxton Street
Harrisburg, PA 17111
4. The name and address of the last recorded holder of every mortgage of record:
(a) Susquehanna Bank, formerly, Central Savings and Loan Association
1570 Manheim Pike
P.O. Box 3300
Lancaster, PA 17604-3300
(b) Belco Community Credit Union
403 N. 2d Street
P.O. Box 82
Harrisburg, PA 17101
(c) Pennsylvania Housing Finance Agency
211 North Front Street
P.O. Box 15530
Harrisburg, PA 17105-5530
(d) Metro Bank f/k/a Commerce Bank/Harrisburg, N.A.
3801 Paxton Street
Harrisburg, PA 17111
5. The name and address of every other person who has any record lien on the
property:
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
6. The name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
t
(a) Bureau of Compliance
Department 280948
Strawberry Square, 9th Floor
Harrisburg PA 17128-1100
(This judgment is not believed to be a lien against the property because it
is against Matthew S. Tucci only.)
(b) Belco Community Credit Union
403 N. 2d Street
P.O. Box 82
Harrisburg, PA 17101
(This judgment is not believed to be a lien against the property because it
is against Matthew S. Tucci only.)
(c) Capitol One Bank
6851 Jericho Turnpike #190
Syosset, NY 11791
(This judgment is not believed to be a lien against the property because it
is against Matthew S. Tucci only.)
7. The name and address of every other person of whom the plaintiff has any
knowledge who has any interest in the property which may be affected by the
sale:
None found.
I verify that the statements made in this affidavit are true and correct to the best of
my information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities.
y C ter, Asset Recovery
Supervisor, Metro Bank, fWa
Commerce Bank/Harrisburg, N.A.
Dated: 3--1a-?o
524703v1
EXHIBIT A
ALL that certain tract or parcel of land situate in the Borough of New Cumberland, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point in the easterly right-of-way line of Megan Court at the dividing line
between the premises herein described and Lot No. 28 on the hereinafter mentioned plan of lots;
thence along said right-of-way line of Megan Court north thirty-three (33) degrees thirty-nine
(39) minutes twenty-three (23) seconds east a distance of sixteen and seventy-seven one-
hundredths (16.77) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north fifty-seven (57) degrees forty-five (45) minutes four (04)
seconds east and a radius of twenty-five (25) feet for an arc length of twenty-one and three one-
hundredths (21.03) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north forty-six (46) degrees twelve (12) minutes sixteen (16) seconds
east and a radius of fifty (50) feet for an arc length of sixty-two and twenty-one one-hundredths
(62.21) feet to a point; thence along the dividing line between the premises herein described and
Lot No. 30 on the hereinafter mentioned plan of lots south seventy-nine (79) degrees twenty-six
(26) minutes fourteen (14) seconds east a distance of one hundred twenty-four and fifty-five one-
hundredths (124.55) feet to a point; thence along the line of lands now or formerly of Conrail
along the arc of a curve having a chord bearing of south thirty-four (34) degrees twenty-four (24)
minutes thirty-two (32) seconds east and a radius of nine thousand five hundred ninety-nine and
thirty one-hundredths (9,599.30) feet for an arc length of fifty and eighty one one-hundredths
(50.81) feet to a point; thence along the dividing line between the premises herein described and
Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots south sixty (60) degrees thirty-one
(31) minutes thirty-four (34) seconds west a distance of one hundred sixteen and fifty-nine one-
hundredths (116.59) feet to a point; thence along the dividing line first above mentioned north
sixty-four (64) degrees seventeen (17) minutes thirty-eight (38) seconds west a distance of one
hundred thirty-one and twenty-six one-hundredths (131.26) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 29 on the Plan of Westover Gardens, which plan is recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 46, Page 126.
CONTAINING 15,217.281 square feet.
UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way
of record including but not limited to a Declaration dated December 10, 1984 and recorded on
December 10, 1984 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania
in Misc. Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and
recorded on August 20, 1985 in the Office aforesaid in Misc. Book Volume 308, Page 372.
ALSO UNDER AND SUBJECT to two sanitary sewer easements and a drainage easement.
FffiIBIT A
467106v1
COMMERCE BANK/ IN THE COURT OF COMMON PLEAS OF
HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. cn-
DOCKET NO. 06-6145 Civil Term
MATTHEW S. TUCCI and ' z'
r-
SUANN M. TUCCI,
Defendants
=y:
NOTICE OF SHERIFF'S SALE PURSUANT TO
. . r:)
PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2 rv i?:j
C310?
TAKE NOTICE:
That a Sheriff's Sale of Real Property (Real Estate) will be held in the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA, on September 8, 2010,
10:00 AM, prevailing time.
THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions
mainly consisting of a statement of the measured boundaries of the property.
(SEE METES AND BOUNDS DESCRIPTION
ATTACHED HERETO AT EXHIBIT "A".)
This property has been improved by buildings and certain other improvements.
THE LOCATION of the property to be sold is:
docketed to:
8 Megan Court, New Cumberland, Cumberland County, Pennsylvania
(Parcel No. 26-23-0541-319)
THE JUDGMENT under or pursuant to which the properties are being sold is
No. 06-6145
IS:
THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY
Matthew S. Tucci
Suann M. Tucci
A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or
governmental or corporation entities or agencies being entitled to receive part of the proceeds of
the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or
municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than
thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the
Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing
of the Schedule. Information about the Schedule of Distribution may be obtained from the
Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
PA 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF'
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108 or 717-249-3166
The legal rights you may have are:
1. You may file a petition with the Court of Common Pleas of Cumberland
County to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same Court if you
are aware of a legal defect in the obligation or the procedure against you.
2. After the Sheriff's Sale you may file a petition with the Court of Common
Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other
proper cause. This petition must be filed before the Sheriff's Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County.
The petition must be served on the attorney for the creditor or on the creditor before
representation to the Court and a proposed order or rule must be attached to the petition. If a
specific return date is desired, such date must be obtained from the Court Administrator's Office,
1 Courthouse Square, 3R, Carlisle, PA 17113, before the presentation of the petition to the Court.
4. A copy of the Writ of Execution is attached hereto at Exhibit "B "
SHERIFF OF CUMBERLAND COUNTY
524699v1
EXHIBIT A
ALL that certain tract or parcel of land situate in the Borough of New Cumberland, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point in the easterly right-of-way line of Megan Court at the dividing line
between the premises herein described and Lot No. 28 on the hereinafter mentioned plan of lots;
thence along said right-of-way line of Megan Court north thirty-three (33) degrees thirty-nine
(39) minutes twenty-three (23) seconds east a distance of sixteen and seventy-seven one-
hundredths (16.77) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north fifty-seven (57) degrees forty-five (45) minutes four (04)
seconds east and a radius of twenty-five (25) feet for an arc length of twenty-one and three one-
hundredths (21.03) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north forty-six (46) degrees twelve (12) minutes sixteen (16) seconds
east and a radius of fifty (50) feet for an arc length of sixty-two and twenty-one one-hundredths
(62.21) feet to a point; thence along the dividing line between the premises herein described and
Lot No. 30 on the hereinafter mentioned plan of lots south seventy-nine (79) degrees twenty-six
(26) minutes fourteen (14) seconds east a distance of one hundred twenty-four and fifty-five one-
hundredths (124.55) feet to a point; thence along the line of lands now or formerly of Conrail
along the arc of a curve having a chord bearing of south thirty-four (34) degrees twenty-four (24)
minutes thirty-two (32) seconds east and a radius of nine thousand five hundred ninety-nine and
thirty one-hundredths (9,599.30) feet for an arc length of fifty and eighty one one-hundredths
(50.81) feet to a point; thence along the dividing line between the premises herein described and
Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots south sixty (60) degrees thirty-one
(31) minutes thirty-four (34) seconds west a distance of one hundred sixteen and fifty-nine one-
hundredths (116.59) feet to a point; thence along the dividing line first above mentioned north
sixty-four (64) degrees seventeen (17) minutes thirty-eight (38) seconds west a distance of one
hundred thirty-one and twenty-six one-hundredths (131.26) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 29 on the Plan of Westover Gardens, which plan is recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 46, Page 126.
CONTAINING 15,217.281 square feet.
UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way
of record including but not limited to a Declaration dated December 10, 1984 and recorded on
December 10, 1984 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania
in Misc. Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and
recorded on August 20, 1985 in the Office aforesaid in Misc. Book Volume 308, Page 372.
ALSO UNDER AND SUBJECT to two sanitary sewer easements and a drainage easement.
EBHIBIT A
467106v1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW TUCCI and
SUANN M. TUCCI,
Defendants
Confessed Judgment
X Other (Judgment in Mortgage
Foreclosure)
No.: 06-6145 Civil Term
Amount Due: $52,499.90 principal,
$3,009.28 in late fees, $3,862.94 in interest,
plus interest accruing after February 25,
2010 at the rate of $7.66 per day, and
$22,424.83 in attorneys' fees, expenses and
costs, plus attorneys' fees, expenses and
costs accruing after February 25, 2010.
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that this Praecipe does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended,
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs
upon the following described property of the defendants:
8 Megan Court
New Cumberland, PA 17070
PRAECIPE FOR WRIT OF EXECUTION
Issue writ of execution to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing
execution against the above-named garnishee(s) for the following property:
8 Megan Court
New Cumberland, PA 17070
Six (6) copies of the legal description of the land are attached.
Date: 3 -IU-2o10 Signature:
Name: lane L. Vanderau
Address: Mette, Evans & Woodside
3401 N. Front Street
P.O. Box 5950
Harrisburg, Pa 17110-0950
Attorney for: Plaintiff
Telephone: (717) 232-5000
Supreme Court I.D. No.: 203167
EXHIBIT B
524695v1
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-6145 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG, NA, Plaintiff (s)
From MATTHEW TUCCI and SUANN M. TUCCI
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $52,499.90 L.L.
Interest -- $3,862.94 and accruing after 2/25/10 at rate of $7.66 per day
Atty's Comm % Due Prothy $2.00
Atty Paid $1,558.86
Other Costs:
Late fees: $3,009.28
Attorney fees, expenses and costs: - $22,424.83 plus costs acruing after 2/25/10
Plaintiff Paid
Date: 3/12110
(Seat)
By:
Deputy
REQUESTING PARTY:
Name: MELANIE L. VANDERAU, ESQUIRE
Address: METTE, EVANS & WOODSIDE
3401 N FRONT STREET
PO BOX 5950
HARRISBURG, PA 17110-0950
Attorney for: PLAINTIFF
Telephone: 717-232-5000
Supreme Court ID No. 203167
David D. Buell, P othonotary
eb ~
_~~:
v.
Heather Z. Kelly, Esquire
METTE, EVANS & WOODSIDE
Sup. Ct. ID. No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 -telephone
(717) 236-1816 -facsimile
/ ,r ;;-
aaro ~~ s ~~. ~d:,~
i ,",
t: -
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
. DOCKET NO.06-6145 Civil Term
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
AFFIDAVIT OF SERVICE
I, Heather Z. Kelly, Esquire, do hereby declare:
1. I am an attorney for Commerce Bank/Harrisburg, N.A. and I am authorized to
make this Affidavit.
2. The Sheriff of Cumberland County has reported that on June 24, 2010, he or his
deputy posted a handbill on the prolberty pursuant to Pennsylvania Rule of Civil Procedure No.
3129.2(b). The content of this hand,bill is contained in the Notice of Sheriff's Sale filed with the
Sheriff's Office. A true and correct copy of the contents of this notice as posted is attached
hereto as Exhibit 1 and incorporated herein by reference (the "Notice"). The Sheriff of
Cumberland County has also report~d that on June 24, 2010, he or his deputy personally served a
copy of the Notice upon the Defendants.
529290v1
3. On August 3, 2010, I caused to be deposited by courier in the United States Mail,
First Class, postage prepaid, the Notice to every judgment creditor whose judgment is a record
lien on the real property to be sold. These parties are identified in Plaintiff s Affidavit, pursuant
to Rule 3129.1 which was filed with the Prothonotary on March 12, 2010. The Certificates of
Mailing are attached hereto at Exhibit 2 and incorporated herein by reference.
4. On August 3, 2010, I caused to be deposited by courier in the United States Mail,
First Class, postage prepaid, the Natice to every last recorded holder of every mortgage of
record. These parties are identified in Plaintiff s Affidavit, supra. The Certificates of Mailing
are attached hereto at Exhibit 3 and incorporated herein by reference.
5. On August 3, 2010, I caused to be deposited by courier in the United States Mail,
First Class, postage prepaid, the Notice to every other person who has a record lien on the
property. This party is identified in Plaintiffs Affidavit, supra. The Certificate of Mailing is
attached hereto at Exhibit 4 and incorporated herein by reference.
6. On August 3, 2010, I caused to be deposited by courier in the United States Mail,
First Class, postage prepaid, the Notice to every other person who has any record interest in the
property and whose interest may be' affected by the sale. Such parties are identified in Plaintiff s
Affidavit, supra. The Certificates of Mailing are attached hereto at Exhibit 5 and incorporated
herein by reference.
2
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 3rd day of August,
2010.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
HEATHER Z. KE , ESQUI
Sup. Ct. I.D. No. 86291
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 -Phone
(717) 236-1816 -Fax
Attorneys for Plaintiff
Commerce Bank/Hamsburg, N.A.
Date: August 3, 2010
3
VERIFICATION
I, Heather Z. Kelly, Esquire, hereby verify and state that the facts set forth in the
foregoing document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements made herein are subject to the penalties of 18 Pa.
C.S.A. §4904 relating to unsworn falsification to authorities.
DATED: ~
529290v1
Heather Z. Kelly, Esq i
4
Eti~
EXHIBIT A
ALL that certain tract or parcel of land situate in the Borough of New Cumberland, County of
Cumberland and Commonwealth of Pennsylvania, more particulazly bounded and described as
follows, to wit:
BEGINNING at a point in the easterly right-of--way line of Megan Court at the dividing line
between the premises herein described and Lot No. 28 on the hereinafter mentioned plan of lots;
thence along said right-of--way line of Megan Court north thirty-three (33) degrees thirty-nine
(39) minutes twenty-three (23) seconds east a distance of sixteen and seventy-seven one-
hundredths (16.77) feet to a point; thence continuing along the same along the azc of a curve
having a chord bearing of north fifty-seven (57) degrees forty-five (45) minutes four (04)
seconds east and a radius of twenty-five (25) feet for an azc length of twenty-one and three one-
hundredths (21.03) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north forty-six (46) degrees twelve (12) minutes sixteen (16) seconds
east and a radius of fifty (50) feet for an azc length of sixty-two and twenty-one one-hundredths
(62.21) feet to a point; thence along the dividing line between the premises herein described and
Lot No. 30 on the hereinafter mentioned plan of lots south seventy-nine (79) degrees twenty-six
(26) minutes fourteen (14) seconds east a distance of one hundred twenty-four and fifty-five one-
hundredths (124.55) feet to a point; thence along the line of lands now or formerly of Conrail
along the arc of a curve having a chord bearing of south thirty-four (34) degrees twenty-four (24)
minutes thirty-two (32) seconds east and a radius of nine thousand five hundred ninety-nine and
thirty one-hundredths (9,599.30) feet for an azc length of fifty and eighty one one-hundredths
(50.81) feet to a point; thence along the dividing line between the premises herein described and
Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots south sixty (60) degrees thirty-one
(31) minutes thirty-four (34) seconds west a distance of one hundred sixteen and fifty-nine one-
hundredths (116.59) feet to a point; thence along the dividing line first above mentioned north
sixty-four (64) degrees seventeen (17) minutes thirty-eight (38) seconds west a distance of one
hundred thirty-one and twenty-six one-hundredths (131.26) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 29 on the Plan of Westover Gardens, which plan is recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 46, Page 126.
CONTAINING 15,217.281 square feet.
UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of--way
of record including but not limited to a Declazation dated December 10, 1984 and recorded on
December 10, 1984 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania
in Misc. Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and
recorded on August 20, 1985 in the Office aforesaid in Misc. Book Volume 308, Page 372.
ALSO UNDER AND SUBJECT to two sanitary sewer easements and a drainage easement.
467106v1
• •
gxG;b.+B
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMERCE BANK/ Confessed Judgment
HARRISBURG, N.A., X Other (Judgment in Mortgage
Foreclosure)
Plaintiff No.: 06-6145 Civil Term
v. Amount Due: $52,499.90 principal,
$3,009.28 in late fees, $3,862.94 in interest,
MATTHEW TUCCI and plus interest accruing after February 25,
SUANN M. TUCCI, 2010 at the rate of $7.66 per day, and
$22,424.83 in attorneys' fees, ex~lses,~d
costs, plus attorneys' fees, expen~gs an~
Defendants costs accruing after February~51~010~
--- _ _ ~7 ~~r3-
U ~ `::. -.... -~ .f
TO THE PROTHONOTARY OF THE SAID COURT: ~ ~-_ N ~,
ti~ _
Sas ~j-(J
The undersigned hereby certifies that this Praecipe does not arise out of a retail instalhnent~le~r contact, o€y
account based on a confession of judgment, but if it does, it is based on the appropriate original procee~ng fi~ ~ ~`~
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended, ~ ~
-¢
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs
upon the following described property of the defendants:
8 Megan Court
New Cumberland, PA 17070
PRAECIPE FOR WRIT OF EXECUTION
Issue writ of execution to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing
execution against the above-named garnishee(s) for the following property:
8 Megan Court
New Cumberland, PA 17070
Six (6) copies of the legal description of the land are attached.
Date: .3 -IU - e'~Ip Signature: ~~i~~'I /J ~/
Name: Janie L. Vanderau
Address: Mette, Evans & Woodside
3401 N. Front Street
P.O. Box 5950
Harrisburg, Pa 1 7 1 10-0950
Attorney for: Plaintiff
Telephone: (717) 232-5000
Supreme Court I.D. No.: 203167
524695v1
..•
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
v.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 06-6145 Civil Term
NOTICE OF SHERIFF'S SALE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2
TAKE NOTICE:
That a Sheriff's Sale of Real Property (Real Estate) will be held in the
Cumberland County Courthouse, 1 Courthouse Squaze, Cazlisle, PA, on September 8, 2010,
10:00 AM, prevailing time.
THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions
mainly consisting of a statement of the measured boundaries of the property.
(SEE METES AND BOUNDS DESCRIPTION
ATTACHED HERETO AT EXHIBIT "A".)
This property has been improved by buildings and certain other improvements.
THE LOCATION of the property to be sold is:
8 Megan Court, New Cumberland, Cumberland County, Pennsylvania
(Pazcel No. 26-23-0541-319)
THE JUDGMENT under or pursuant to which the properties are being sold is
docketed to:
No. 06-6145
THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY
IS:
Matthew S. Tucci
Suann M. Tucci
A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or
governmental or corporation entities or agencies being entitled to receive part of the proceeds of
the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or
municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than
..•
thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the
Schedule that will be made unless exceptions aze filed thereto within ten (10) days after the filing
of the Schedule. Information about the Schedule of Distribution may be obtained from the
Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Cazlisle,
PA 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108 or 717-249-3166
The legal rights you may have are:
1. You may file a petition with the Court of Common Pleas of Cumberland
County to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same Court if you
are awaze of a legal defect in the obligation or the procedure against you.
2. After the Sheriff s Sale you may file a petition with the Court of Common
Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other
proper cause. This petition must be filed before the Sheriff's Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County.
The petition must be served on the attorney for the creditor or on the creditor before
representation to the Court and a proposed order or rule must be attached to the petition. If a
specific return date is desired, such date must be obtained from the Court Administrator's Office,
1 Courthouse Squaze, 3R, Cazlisle, PA 17113, before the presentation of the petition to the Court.
4. A copy of the Writ of Execution is attached hereto at Exhibit "B ".
SHERIFF OF CUMBERLAND COUNTY
s2a6~i
r
EXHIBIT A
ALL that certain tract or pazcel of land situate in the Borough of New Cumberland, County of
Cumberland and Commonwealth of Pennsylvania, more particulazly bounded and described as
follows, to wit:
BEGINNING at a point in the easterly right-of--way line of Megan Court at the dividing line
between the premises herein described and Lot No. 28 on the hereinafter mentioned plan of lots;
thence along said right-of--way line of Megan Court north thirty-three (33) degrees thirty-nine
(39) minutes twenty-three (23) seconds east a distance of sixteen and seventy-seven one-
hundredths (16.77) feet to a point; thence continuing along the same along the azc of a curve
having a chord bearing of north fifty-seven (57) degrees forty-five (45) minutes four (04)
seconds east and a radius of twenty-five (25) feet for an azc length of twenty-one and three one-
hundredths (21.03) feet to a point; thence continuing along the same along the azc of a curve
having a chord bearing of north forty-six (46) degrees twelve (12) minutes sixteen (16) seconds
east and a radius of fifty (50) feet for an arc length of sixty-two and twenty-one one-hundredths
(62.21) feet to a point; thence along the dividing line between the premises herein described and
Lot No. 30 on the hereinafter mentioned plan of lots south seventy-nine (79) degrees twenty-six
(26) minutes fourteen (14) seconds east a distance of one hundredtwenty-four and fifty-five one-
hundredths (124.55) feet to a point; thence along the line of lands now or formerly of Conrail
along the azc of a curve having a chord bearing of south thirty-four (34) degrees twenty-four (24)
minutes thirty-two (32) seconds east and a radius of nine thousand five hundred ninety-nine and
thirty one-hundredths (9,599.30) feet for an arc length of fifty and eighty one one-hundredths
(50.81) feet to a point; thence along the dividing line between the premises herein described and
Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots south sixty (60) degrees thirty-one
(31) minutes thirty-four (34) seconds west a distance of one hundred sixteen and fifty-nine one-
hundredths (116.59) feet to a point; thence along the dividing line first above mentioned north
sixty-four (64) degrees seventeen (17) minutes thirty-eight (38) seconds west a distance of one
hundred thirty-one and twenty-six one-hundredths (131.26) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 29 on the Plan of Westover Gazdens, which plan is recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 46, Page 126.
CONTAINING 15,217.281 squaze feet.
UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of--way
of record including but not limited to a Declaration dated December 10, 1984 and recorded on
December 10, 1984 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania
in Misc. Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and
recorded on August 20, 1985 in the Office aforesaid in Misc. Book Volume 308, Page 372.
ALSO UNDER AND SUBJECT to two sanitary sewer easements and a drainage easement.
EEHIBIT A
467106v1
r' ti
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
v.
MATTHEW TUCCI and
SUANN M. TUCCI,
Defendants
Confessed Judgment
X Other (Judgment in Mortgage
Foreclosure)
No.: 06-6145 Civil Term
Amount Due: $52,499.90 principal,
$3,009.28 in late fees, $3,862.94 in interest,
plus interest accruing after February 25,
2010 at the rate of $7.66 per day, and
$22,424.83 in attorneys' fees, expenses and
costs, plus attorneys' fees, expenses and
costs accruing after February 25, 2010.
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that this Praecipe does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended,
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and.costs
upon the following described property of the defendants:
8 Megan Court
New Cumberland, PA 17070
PRAECIPE FOR WRIT OF EXECUTION
Issue writ of execution to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing
execution against the above-named garnishee(s) for the following property:
8 Megan Court
New Cumberland, PA 17070
Six (6) copies of the legal description of the land are attached.
Date: .3 -W -~Ip Signature:
Name: lame L. Vanderau
Address: Mette, Evans & Woodside
3401 N. Front Street
P.O. Box 5950
Harrisburg, Pa 17110-0950
Attorney for: Plaintiff
Telephone: (717) 232-5000
Supreme Court I.D. No.: 203167
EffiBIT B
524695v1
rA v F
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received Fr°m. Heather Z Kelly Esq
Mette Evans & Woodside
P 0 Box 5950
Harrisburg PA 17110-0950
One piece of ordinary mail addressed to:
METRO BANK -~--~-.,
~. G
HARRISBURG PA 17111 ~~ c~
V ~
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P$ Form 3817, Mw. 1888 ~ ~ H •,~.
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Reoeived Fr°m: Heather Z Kelly Esq
Mette Evans & Woodside
P 0 Box 5950
Harrisburg PA 17110-0950
One piece of ordinary mail addressed to:
NEW CUMBERLAND BOROUGH 06
1120 MARKET STREET ~`
Q' o
NEW CUMBERLAND PA 17070 ~ rn
~d> a.
PS Form 3817, Mar. 1888 H ~~
v~;~
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U.S. POSTAL SERVICE
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From: Heather Z Kelly ESq
Mette Evans & Woodside
P 0 Box 5950
Harrisburg PA 17110-09
One piece of ordinary mail addressed to: ~
SUSQUEHANNA BANK ,^~ p
c'
1570 MANHEIM PIKE a.
LANCASTER PA 17604-3300 dig
°O N u~as,
r~ ~ 9~p
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PS Form 3817, Mar. 1989
~ ~ $ P06TAL fi11Y1GE ~ ~ ~'wQ
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received Fr°m: Heather Z Kelly Esq
Matte Evans & Woodside ~' '
+y o o UNIT~~
P 0 Box 5950 ~ ~ i ~ s9~n
o ;~
Harrisburg PA 17110-0950 ~ o ~~
o~
One piece of ordinary mail addressed to: g o
BELCO COMMUNITY CREDIT I ~ v ~- s
403 N 2D STREET ~o 0 0~ <
r" w
P 0 BOX 82 ~ ,r ~a. ~ Nom
HARRISBURG PA 17101 ~,=~
_._ _~ . __
PS Form 3817, Ma. 19f'
ANO INTERNATWNAL MAIL, DOES NOT
Received From:
Heather Z Kelly Esq
Matta Ftianc & raooasi~~
P 0 Box 5950
..__ _.___ _s ...w:..e.., ...en ewa.e«od rn
r
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U.S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Heather Z Relly Esq
Mette Evans & Woodside
P 0 Box 5950
Harrisburg PA 17110-0950
One piece of ordinary mail addressed to:
METRO BANK _ --
. E~ ~...
~~ ~;
~,
HARRISBURG PA 17111 ~ ~~
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~ ~,
T V ~` ~ 1
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PS Fwm 3817, Mar. 1989 ~'
U.S. P TAL RVI E TI
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Heather Z Kelly
1K .v na & Wo
Esq
odai d
P 0 Box 5950
Harrisbur PA 17110-0950
One piece of ordinary mail addressed to:
CUMBERLAND COUNTY TAX
CLAI
SEE
ONE COURTHOUSE SQUARE ~.~
CARLISLE PA 17013 ~ ~
~~ .d
S
i
~ ~
.. P T ERVt T T F
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Renewed From: Heather Z Kelly Esq
Mette Evans & Woodside
P 0 Box 5950
Harrisburg PA 17110-0950
One piece of ordinary mail addressed to:
BUREAU OF COMPLIANCE A'
o~ - Spy
9TH FLOOR ^ ~~c' ~
STRAWBERRY SQUARE
moo- c~jJ
B P -
~g , b'd~
PS Form 3817_ Mar. 1989
T
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From: Heather Z Kelly ESq
Mette Evans & Woodside
P 0 Box 5950
Harrisburg PA 17110-0950
One piece of ordinary mail addressed to: 6
1~ ~ ti
CAPITOL ONE BANK
6851 JERICHO TURNPIKE 4619 ~ ~`
SYOSSET NY 11791 d 6'
~~~
PS Form 3817, Mar. 1989
D o ^' u~~S
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U.S. POSTAL SERVICE C RTFFICATE OF ILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Raoaivad Fr°'": Heather Z Kelly Esq
Mette Evans & Woodside
P 0 Box 5950
Harrisburg PA 17110-0950
One piece of ordinary mail addressed to:
BELCO COMMUNITY CREDIT I ~~~' `~
403 N 2D STREET ~
P o Box s2
HARRISBURG PA .17101 \6,d ~; ,; -; ~~~~
PS Fnrm ~At 7 As.e. 1 ni..
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A
Timothy A. Hoy, Esquire
Sup. Ct. I.D. No. 47597
Heather Z. Kelly, Esquire
Sup. Ct. I.D. No. 28960
METTE, EVANS & WOODSIDE
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 -Phone
(717) 236-1816 -Fax
tahoy@mette.com
hzkelly@mette.com
Attorneys for Plaintiff
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
v.
C~ ~, ;IV
r' -¢ '~
_ o U'
-y
i~
i _
~~~
_-'~
-_- ,__ .
'" -- -. ;~
:~~ __~
1N THE COURT OF COMMON PLEAS OF
CUM$ERLAND COUNTY, PENNSYLVANIA
. DOCKET N0.06-6145 Civil Term
MATTHEW S. TUCCI and .
SUANN M. TUCCI,
Defendants
PRAECIPE FOR SUBSTITUTION OF COUNSEL
TO THE PROTHONOTARY:
Withdrawal of Appearance
Please WITHDRAW the appearance of Melanie Vanderau, for the Plaintiff, Commerce
Bank/Harrisburg, N.A. in the above-captioned matter.
Respectfully submitted,
el a L. anderau, Esquire
Sup. Ct. LD. No. 203167
Entry of Appearance
Please ENTER the appeazances of Timothy A. Hoy and Heather Z. Kelly, as counsel for
the Plaintiff, Commerce Bank/Harrisburg, N.A. All further process should be forwazded to the
attention of the undersigned at the address below.
Respectfully submitted,
METTE, EVANS & WOODSIDE
~~
By: .
Timothy A. ,Esquire
Sup. Ct. I.D. No. 47597
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
BY: ~v ~
Heather Z. Kelly, quire
Sup. Ct. I.D. No. 28960
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
CERTIFICATE OF SERVICE
I, Heather Z. Kelly, Esquire, hereby certify that on this day I caused a true and correct
copy of the foregoing to be served on each of the following individuals by United States mail,
first class, postage prepaid, addressed as follows:
Matthew Tucci
Suann M. Tucci
8 Megan Court
New Cumberland, PA 17070
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
Timothy A. H ,Esquire
Sup. Ct. I.D. No. 47597
Heather Z. Kelly, Esquire
Sup. Ct. I.D. No. 28960
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
Date:
529167v1
i'
Jow AOG /b PN 3:37
Heather Z. Kelly, Esquire
METTE, EVANS & WOODSIDE
Sup. Ct. ID. No. 86291
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - telephone
(717) 236-1816 - facsimile
COMMERCE BANK/ IN THE COURT OF COMMON PLEAS OF
HARRISBURG, N.A., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
DOCKET NO. 06-6145 Civil Term
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
AMENDED AFFIDAVIT OF SERVICE
I, Heather Z. Kelly, Esquire, do hereby declare:
1. I am an attorney for Commerce Bank/Harrisburg, N.A. and I am authorized to
make this Affidavit.
2. On August 3, 2010, I caused to be deposited by courier in the United States Mail,
First Class, postage prepaid, a Notice of Sheriff s Sale to every person who has any record
interest in the property and whose interest may be affected by the sale, including Capital One
Bank.
3. On August 7, 2010, the Notice mailed to Capital One Bank was returned "not
deliverable as addressed, unable to forward". See returned envelope attached hereto and marked
as Exhibit "A".
529611v1
4. On August 11, 2010, I caused to be deposited by courier in the United States
Mail, First Class, postage prepaid, the Notice directed to Capital One Bank at the headquarters
located at 1680 Capital One Drive, McLean, VA and via their corporate registered agent,
Corporation Service Company, 2711 Centerville Road, Wilmington DE 19808-1646. See
correspondence and Notice directed to Capital One Bank attached hereto as Exhibit "B".
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 13th day of August,
2010.
Respectfully submitted,
METTE, EVANS & WOODSIDE
By:
HITATHER Z. KELL SQUIRE
Sup. Ct. I.D. No. 86291
3401 North Front Street
P. O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000 - Phone
(717) 236-1816 - Fax
Attorneys for Plaintiff
Commerce Bank/Harrisburg, N.A.
Date: August 13, 2010
2
VERIFICATION
I, Heather Z. Kelly, Esquire, hereby verify and state that the facts set forth in the
foregoing document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements made herein are subject to the penalties of 18 Pa.
C.S.A. §4904 relating to unsworn falsification to authorities.
DATED: D
Bather Z. Kelly, Esqi6A
3
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METTE, EVANS & WOODSIDE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
HEATHER Z. KELLY, ESQ.
3401 NORTS FRONT STREET
P.O. BOX 5950
HARRISBURG, PA 17110-0950
Iits No.
23-1985005
TELEPHONE FAX
(717) 232-5000 (717) 238-1818
HTTP://W W W.METTE.COM
August 11, 2010
Capital One Bank
c/o Corporation Service Company
2711 Centerville Road
Wilmington, DE 19808-1646
Capital One Bank
Legal Department
1680 Capital One Drive
McLean, VA 22102
Re: Commerce BanklHarrisburg, N.A. v Matthew & Suann Tucci
Cumberland County C. C. P.: No: 06-6145
Dear Sir/Madam:
DIRECT DIAL
(717) 231-5288
E-MAIL ADDRESS
hzkelly@mette.com
Enclosed and served upon you is a Notice of Sheriffs Sale Pursuant to Pennsylvania
Rule of Civil Procedure Rule 3129.2. This Notice was originally mailed to you at the address as
listed in your action, Capital One Bank v. Matthew S. Tucci, filed with the Cumberland County
Court of Common Pleas at docket 07-171, but was returned undeliverable. A copy of the return
notice is also enclosed for your records.
Should you have any questions regarding the enclosed, please do not hesitate to contact
me.
pml
Enclosures
A y yo S,
Pamela Miller Lupo,
Paralegal to
Heather Z. Kelly, Esquire
529565YI
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 06-6145 Civil Term
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
NOTICE OF SHERIFF'S SALE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2
TAKE NOTICE:
That a Sheriff s Sale of Real Property (Real Estate) will be held in the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA, on September 8, 2010,
10:00 AM, prevailing time.
THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions
mainly consisting of a statement of the measured boundaries of the property.
(SEE METES AND BOUNDS DESCRIPTION
ATTACHED HERETO AT EXHIBIT "A".)
This property has been improved by buildings and certain other improvements.
THE LOCATION of the property to be sold is:
8 Megan Court, New Cumberland, Cumberland County, Pennsylvania
(Parcel No. 26-23-0541-319)
THE JUDGMENT under or pursuant to which the properties are being sold is
docketed to:
No. 06-6145
IS:
Matthew S. Tucci
Suann M. Tucci
A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or
governmental or corporation entities or agencies being entitled to receive part of the proceeds of
the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or
municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than
THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY
thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the
Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing
of the Schedule. Information about the Schedule of Distribution may be obtained from the
Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
PA 17013.
THIS PAPER IS A NOTICE OF THE TIlvIE AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights,, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108 or 717-249-3166
The legal rights you may have are:
1. You may file a petition with the Court of Common Pleas of Cumberland
County to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same Court if you
are aware of a legal defect in the obligation or the procedure against you.
2. After the Sheriff s Sale you may file a petition with the Court of Common
Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other
proper cause. This petition must. be filed before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County.
The petition must be served on the attorney for the creditor or on the creditor before
representation to the Court and a proposed order or rule must be attached to the petition. If a
specific return date is desired, such date must be obtained from the Court Administrator's Office,
1 Courthouse Square, 3R, Carlisle, PA 17113, before the presentation of the petition to the Court
4. A copy of the Writ of Execution is attached hereto at Exhibit `B ".
SHERIFF OF CUMBERLAND COUNTY
524699VI
EXHIBIT A
ALL that certain tract or parcel of land situate in the Borough of New Cumberland, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point in the easterly right-of-way line of Megan Court at the dividing line
between the premises herein described and Lot No. 28 on the hereinafter mentioned plan of lots;
thence along said right-of-way line of Megan Court north thirty-three (33) degrees thirty-nine
(39) minutes twenty-three (23) seconds east a distance of sixteen and seventy-seven one-
hundredths (16.77) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north fifty-seven (57) degrees forty-five (45) minutes four (04)
seconds east and a radius of twenty-five (25) feet for an arc length of twenty-one and three one-
hundredths (21.03) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north forty-six (46) degrees twelve (12) minutes sixteen (16) seconds
east and a radius of fifty (50) feet for an arc length of sixty-two and twenty-one one-hundredths
(62.21) feet to a point; thence along the dividing line between the premises herein described and
Lot No. 30 on the hereinafter mentioned plan of lots south seventy-nine (79) degrees twenty-six
(26) minutes fourteen (14) seconds east a distance of one hundred twenty-four and fifty-five one-
hundredths (124.55) feet to a point; thence along the line of lands now or formerly of Conrail
along the are of a curve having a chord bearing of south thirty-four (34) degrees twenty-four (24)
minutes thirty-two (32) seconds east and a radius of nine thousand five hundred ninety-nine and
thirty one-hundredths (9,599.30) feet for an arc length of fifty and eighty one one-hundredths
(50.81) feet to a point; thence along the dividing line between the premises herein described and
Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots south sixty (60) degrees thirty-one
(31) minutes thirty-four (34) seconds west a distance of one hundred sixteen and fifty-nine one-
hundredths (116.59) feet to a point; thence along the dividing line first above mentioned north
sixty-four (64) degrees seventeen (17) minutes thirty-eight (38) seconds west a distance of one
hundred thirty-one and twenty-six one-hundredths (131.26) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 29 on the Plan of Westover Gardens, which plan is recorded in the Office of the
Recorder of Deeds of Cumberland .County, Pennsylvania, in Plan Book 46, Page 126.
CONTAINING 15,217.281 square feet.
UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way
of record including but not limited to a Declaration dated December 10, 1984 and recorded on
December 10, 1984 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania
in Misc. Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and
recorded on August 20, 1985 in the Office aforesaid in Misc. Book Volume 308, Page 372.
ALSO UNDER AND SUBJECT to two sanitary sewer easements and a drainage easement.
SIT A
467106YI
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW TUCCI and
SUANN M TUCCI,
Defendants
Confessed Judgment
X _ Other (Judgment in Mortgage
Foreclosure)
No.: 06-6145 Civil Term
Amount Due: $52,499.90 principal,
$3,00928 in late fees, $3,862.94 in interest,
plus interest accruing after February 25,
2010 at the rate of $7.66 per day, and
$22,424.83 in attorneys' fees, expenses and
costs, plus attorneys' fans, expenses and
costs accruing after February 25, 2010.
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that this Praecipe does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1%6 as amended; and for real property pursuant to Act 6 of 1974 as amended,
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and•costs
upon the following described property of the defendants:
8 Megan Court
New Cumberland, PA 17070
PRAECIPE FOR WRIT OF EXECUTION
Issue writ of execution to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing
execution against the above-named garnishee(s) for the following property:
8 Megan Court
New Cumberland, PA 17070
Six (6) copies of the legal description of the land are attached.
Date: ?j -?U - Signature:
Name: Wonic L. aaderau
Address: Mean, Evans dt Woodside
3401 N. Front Street
P.O. Box 5950
Harrisburg, Pa 17110-0950
Attorney for. Plaintiff
Telephone: (717) 232-5000
Supreme Court I.D. No.: 203167
EDIT B
J24MY1
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff I
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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CUMBERLAND cGUjn? ,?
PENNSYLVANIA
Commerce Bank Harrisburg Case Number
vs.
Matthew S. Tucci (et al.) 2006-6145
SHERIFF'S RETURN OF SERVICE
06/24/2010 10:13 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
6-24-2010 at 1010 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Matthew S. & SuAnn M. Tucci, located at, 8
Megan Court, New Cumberland, Cumberland County, Pennsylvania according to law.
06/24/2010 10:13 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
6-24-2010 at 1010 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in
the above entitled action, upon the within named defendant, to wit: Matthew S. Tucci, by making known
unto, Matthew S. Tucci, personally, at, 8 Megan Court, New Cumberland, Cumberland County,
Pennsylvania its contents and at the same time handing to him personally the said true and correct copy
of the same.
06/24/2010 10:13 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
6-24-2010 at 1010 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in
the above entitled action, upon the within named defendant, to wit: SuAnn M. Tucci, by making known
unto, Matthew Tucci, husband of defendant, at, 8 Megan Court, New Cumberland, Cumberland County,
Pennsylvania its contents and at the same time handing to him personally the said true and correct copy
of the same.
09/07/2010 As directed by Melanie L Vanderau, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/6/2010
10/05/2010 As directed by Melanie L Vanderau, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/8/2010
12/01/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney Vanderau on 11/30/10.
SHERIFF COST: $1,219.15
December 02, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
&-A 79,33
0- ?5.z//l
(c) Counh,--Suite Sheriff, Teleosoft. Inc.
METTE, EVANS & WOODSIDE
Melanie L. Vanderau, Esquire
Identification No. 203167
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
(717) 236-1816 (fax)
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 06-6145 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129.1
Metro Bank f/k/a Commerce Bank/Harrisburg, N.A. sets forth as of the date the Praecipe
for Issuance of the Writ of Execution was filed the following information concerning the real
property located at 8 Megan Court, Cumberland County, Pennsylvania (Parcel No. 26-23-0541-
319), as more particularly described on Exhibit "A" attached hereto:
1. Name and address of owner or reputed owner(s):
Matthew Tucci
Suann M. Tucci
8 Megan Court
New Cumberland, PA 17070
2. Name and address of the Defendant(s) in the judgment:
Matthew Tucci
Suann M. Tucci
8 Megan Court
New Cumberland, PA 17070
3. The name and address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
(a) New Cumberland Borough
1120 Market Street
New Cumberland PA 17070
(b) Metro Bank f/k/a Commerce Bank/Harrisburg, N.A.
3801 Paxton Street
Harrisburg, PA 17111
4. The name and address of the last recorded holder of every mortgage of record:
(a) Susquehanna Bank, formerly, Central Savings and Loan Association
1570 Manheim Pike
P.O. Box 3300
Lancaster, PA 17604-3300
(b) Belco Community Credit Union
403 N. 2d Street
P.O. Box 82
Harrisburg, PA 17101
(c) Pennsylvania Housing Finance Agency
211 North Front Street
P.O. Box 15530
Harrisburg, PA 17105-5530
(d) Metro Bank f/k/a Commerce Bank/Harrisburg, N.A.
3801 Paxton Street
Harrisburg, PA 17111
5. The name and address of every other person who has any record lien on the
property:
Cumberland County Tax Claim Bureau
One Courthouse Square
Carlisle, PA 17013
6. The name and address of every other person who has any record interest in the
property and whose interest may be affected by the sale:
(a) Bureau of Compliance
Department 280948
Strawberry Square, 9th Floor
Harrisburg PA 17128-1100
(This judgment is not believed to be a lien against the property because it
is against Matthew S. Tucci only.)
(b) Belco Community Credit Union
403 N. 2d Street
P.O. Box 82
Harrisburg, PA 17101
(This judgment is not believed to be a lien against the property because it
is against Matthew S. Tucci only.)
(c) Capitol One Bank
6851 Jericho Turnpike #190
Syosset, NY 11791
(This judgment is not believed to be a lien against the property because it
is against Matthew S. Tucci only.)
7. The name and address of every other person of whom the plaintiff has any
knowledge who has any interest in the property which may be affected by the
sale:
None found.
I verify that the statements made in this affidavit are true and correct to the best of
my information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
401y C dater, Asset Recovery
Supervisor, Metro Bank, f/k./a
Commerce Bank/Harrisburg, N.A.
Dated: 15 -1 a-kc)
524703v1
EXHIBIT A
ALL that certain tract or parcel of land situate in the Borough of New Cumberland, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point in the easterly right-of-way line of Megan Court at the dividing line
between the premises herein described and Lot No. 28 on the hereinafter mentioned plan of lots;
thence along said right-of-way line of Megan Court north thirty-three (33) degrees thirty-nine
(39) minutes twenty-three (23) seconds east a distance of sixteen and seventy-seven one-
hundredths (16.77) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north fifty-seven (57) degrees forty-five (45) minutes four (04)
seconds east and a radius of twenty-five (25) feet for an arc length of twenty-one and three one-
hundredths (21.03) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north forty-six (46) degrees twelve (12) minutes sixteen (16) seconds
east and a radius of fifty (50) feet for an arc length of sixty-two and twenty-one one-hundredths
(62.21) feet to a point; thence along the dividing line between the premises herein described and
Lot No. 30 on the hereinafter mentioned plan of lots south seventy-nine (79) degrees twenty-six
(26) minutes fourteen (14) seconds east a distance of one hundred twenty-four and fifty-five one-
hundredths (124.55) feet to a point; thence along the line of lands now or formerly of Conrail
along the arc of a curve having a chord bearing of south thirty-four (34) degrees twenty-four (24)
minutes thirty-two (32) seconds east and a radius of nine thousand five hundred ninety-nine and
thirty one-hundredths (9,599.30) feet for an arc length of fifty and eighty one one-hundredths
(50.81) feet to a point; thence along the dividing line between the premises herein described and
Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots south sixty (60) degrees thirty-one
(31) minutes thirty-four (34) seconds west a distance of one hundred sixteen and fifty-nine one-
hundredths (116.59) feet to a point; thence along the dividing line first above mentioned north
sixty-four (64) degrees seventeen (17) minutes thirty-eight (38) seconds west a distance of one
hundred thirty-one and twenty-six one-hundredths (131.26) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 29 on the Plan of Westover Gardens, which plan is recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 46, Page 126.
CONTAINING 15,217.281 square feet.
UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way
of record including but not limited to a Declaration dated December 10, 1984 and recorded on
December 10, 1984 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania
in Misc. Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and
recorded on August 20, 1985 in the Office aforesaid in Misc. Book Volume 308, Page 372.
ALSO UNDER AND SUBJECT to two sanitary sewer easements and a drainage easement.
F=BIT A
467106v1
.
COMMERCE BANK/
HARRISBURG, N.A.,
Plaintiff
V.
MATTHEW S. TUCCI and
SUANN M. TUCCI,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 06-6145 Civil Term
NOTICE OF SHERIFF'S SALE PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE RULE 3129.2
TAKE NOTICE:
That a Sheriff s Sale of Real Property (Real Estate) will be held in the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA, on September 8, 2010,
10:00 AM, prevailing time.
THE PROPERTY TO BE SOLD, is delineated in detail in legal descriptions
mainly consisting of a statement of the measured boundaries of the property.
(SEE METES AND BOUNDS DESCRIPTION
ATTACHED HERETO AT EXHIBIT "A".)
This property has been improved by buildings and certain other improvements.
THE LOCATION of the property to be sold is:
docketed to:
IS:
Matthew S. Tucci
Suann M. Tucci
A SCHEDULE OF DISTRIBUTION, being a list of persons, and/or
governmental or corporation entities or agencies being entitled to receive part of the proceeds of
the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages or
municipalities that are owed taxes) will be filed on a date specified by the Sheriff not later than
8 Megan Court, New Cumberland, Cumberland County, Pennsylvania
(Parcel No. 26-23-0541-319)
THE JUDGMENT under or pursuant to which the properties are being sold is
No. 06-6145
THE NAME OF THE OWNER OR REPUTED OWNER OF THIS PROPERTY
thirty (30) days after the sale and distribution of the proceeds of sale in accordance with the
Schedule that will be made unless exceptions are filed thereto within ten (10) days after the filing
of the Schedule. Information about the Schedule of Distribution may be obtained from the
Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
PA 17013.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOUR PROPERTY.
It has been issued because there is a Judgment against you. It may cause your
property to be held, to be sold or to be taken to pay the Judgment. You may have legal rights to
prevent your property from being taken. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET FREE LEGAL ADVICE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108 or 717-249-3166
The legal rights you may have are:
1. You may file a petition with the Court of Common Pleas of Cumberland
County to open the judgment if you have a meritorious defense against the person or company
that has entered judgment against you. You may also file a petition with the same Court if you
are aware of a legal defect in the obligation or the procedure against you.
2. After the Sheriff's Sale you may file a petition with the Court of Common
Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other
proper cause. This petition must be filed before the Sheriff s Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County.
The petition must be served on the attorney for the creditor or on the creditor before
representation to the Court and a proposed order or rule must be attached to the petition. If a
specific return date is desired, such date must be obtained from the Court Administrator's Office,
1 Courthouse Square, 3R, Carlisle, PA 17113, before the presentation of the petition to the Court.
4. A copy of the Writ of Execution is attached hereto at Exhibit "B "
SHERIFF OF CUMBERLAND COUNTY
524699v1
EXHIBIT A
ALL that certain tract or parcel of land situate in the Borough of New Cumberland, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as
follows, to wit:
BEGINNING at a point in the easterly right-of-way line of Megan Court at the dividing line
between the premises herein described and Lot No. 28 on the hereinafter mentioned plan of lots;
thence along said right-of-way line of Megan Court north thirty-three (33) degrees thirty-nine
(39) minutes twenty-three (23) seconds east a distance of sixteen and seventy-seven one-
hundredths (16.77) feet to a point; thence continuing along the same along the are of a curve
having a chord bearing of north fifty-seven (57) degrees forty-five (45) minutes four (04)
seconds east and a radius of twenty-five (25) feet for an arc length of twenty-one and three one-
hundredths (21.03) feet to a point; thence continuing along the same along the arc of a curve
having a chord bearing of north forty-six (46) degrees twelve (12) minutes sixteen (16) seconds
east and a radius of fifty (50) feet for an arc length of sixty-two and twenty-one one-hundredths
(62.21) feet to a point; thence along the dividing line between the premises herein described and
Lot No. 30 on the hereinafter mentioned plan of lots south seventy-nine (79) degrees twenty-six
(26) minutes fourteen (14) seconds east a distance of one hundred twenty-four and fifty-five one-
hundredths (124.55) feet to a point; thence along the line of lands now or formerly of Conrail
along the arc of a curve having a chord bearing of south thirty-four (34) degrees twenty-four (24)
minutes thirty-two (32) seconds east and a radius of nine thousand five hundred ninety-nine and
thirty one-hundredths (9,599.30) feet for an arc length of fifty and eighty one one-hundredths
(50.81) feet to a point; thence along the dividing line between the premises herein described and
Lot Nos. 26 and 27 on the hereinafter mentioned plan of lots south sixty (60) degrees thirty-one
(31) minutes thirty-four (34) seconds west a distance of one hundred sixteen and fifty-nine one-
hundredths (116.59) feet to a point; thence along the dividing line first above mentioned north
sixty-four (64) degrees seventeen (17) minutes thirty-eight (38) seconds west a distance of one
hundred thirty-one and twenty-six one-hundredths (131.26) feet to a point, the point and place of
BEGINNING.
BEING Lot No. 29 on the Plan of Westover Gardens, which plan is recorded in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 46, Page 126.
CONTAINING 15,217.281 square feet.
UNDER AND SUBJECT to all applicable restrictions, reservations, easements and rights-of-way
of record including but not limited to a Declaration dated December 10, 1984 and recorded on
December 10, 1984 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania
in Misc. Book Volume 301, Page 372 and the Amendment thereto dated August 19, 1985 and
recorded on August 20, 1985 in the Office aforesaid in Misc. Book Volume 308, Page 372.
ALSO UNDER AND SUBJECT to two sanitary sewer easements and a drainage easement.
E MIBIT A
467106v1
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 06-6145 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COMMERCE BANK/HARRISBURG, NA, Plaintiff (s)
From MATTHEW TUCCI and SUANN M. TUCCI
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $52,499.90 L.L.
Interest -- $3,862.94 and accruing after 2/25/10 at rate of $7.66 per day
Atty's Comm % Due Prothy $2.00
Atty Paid $1,558.86 Other Costs:
Late fees: $3,009.28
Attorney fees, expenses and costs: - $22,424.83 plus costs acruing after 2/25/10
Plaintiff Paid
Date: 3/12/10
David D. Buell, Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: MELANIE L. VANDERAU, ESQUIRE
Address: METTE, EVANS & WOODSIDE
3401 N FRONT STREET
PO BOX 5950
HARRISBURG, PA 17110-0950
Attorney for: PLAINTIFF
Telephone: 717-232-5000
Supreme Court ID No. 203167
D
On June 14, 2010 the Sheriff levied upon the
defendant's interest in the real property situated in
New Cumberland Borough, Cumberland County, PA,
Known and numbered as, 8 Megan Court,
New Cumberland, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: June 14, 2010
By:
Real Estate Coordinator
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 16, July 23, and July 30 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Marie Co+ ne. Editor
SWORN TO AND SUBSCRIBED before me this
30 of July. 2010
r::??Z
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
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suite and
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
the Patr1*0t-News
Now you know
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
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all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
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stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
07/09/10
07/16/10
07/23/10
Sworn to al?d subscribed before me(this-45 daof August, 2010 A.D.
Notary Public
t2tWEALi'ii OL ?EijNSyt-VAN!!
Notarial Sea! -+
LCml; he rie L . ftnor, Notary Pubfk? er Paxton Twp., dauphin County
qr _SSIOn n Expires Nov 26 2011
!ember. Ppnnsyfvanl Aa ociatf- a- ,of niotarles
Wfit No. 2t1O"146 QVH TWM
C iAvnerc:et Bank! Hanidni g,
NA
VS
Nhd#ww S. Tucci
SuAnn M. Tucci
Atty: Melanie L Vanderau
ALL that certain tract or parcel of land situate
in the Borough of New Cumberland, County
of Cumberland and Commonwealth of
Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point in the easterly right-
of-way line of Megan Court at the dividing
line between the premises herein described and
Lot No. 28 on the hereinafter mentioned plan
of lots; thence along said right-of-way line of
Megan Court north thirty-three (33) degrees
thirty-nine (39) minutes twenty-three (23)
seconds east a distance of sixteen and seventy
seven one-hundredths (16.77) feet to a point;
thence continuing along the same along the
arc of a curve having a chord bearing of north
fifty-seven (57) degrees forty-five (45) minutes
four (04) seconds east and a radius of twenty-
five (25) feet for an arc length of twenty-one
and three one-hundredths (21.03) feet to a point;
thence continuing along the same along the arc
of a curve having a chord bearing of north forty-
six (46) degrees twelve (12) minutes sixteen (16)
seconds east and a radius of fifty (50) feet for
an arc length of sixty-two and twenty-one one-
hundredths (62.21) feet to a point; thence along
the dividing line between the premises herein
described and Lot No. 30 on the hereinafter
mentioned plan of lots south seventy-nine (79)
degrees twenty-six (26) minutes fourteen (14)
seconds east a distance of one hundred twenty-
four and fifty-five one-hundredths (124.55) feet
to a point; thence along the line of lands now
or formerly of Conrail along the are of a curve
having a chord bearing of south thirty-four (34)
degrees twenty-four (24) minutes thirty-two (32)
seconds east and a radius of nine thousand five
hundred ninety-nine and thirty one-hundredths
(9,599.30) feet for an arc length of fifty and
eighty one onehuodredths (50.81) feet to a
point; thence along the dividing line between
the premises herein described and Lot Nos. 26
and 27 on the hereinafter mentioned plan of lots
south sixty (60) degrees thirty-one (31) minutes
thirt -four (34) seconds west a distance of one
huiAred sixteen and fifty-nine one-hundredths
(116.59) feet to a point; thence along the dividing
line,('ilst above mentioned north sixty-four (64)
degrees seventeen (17) minutes thirty-eight (38)
seconds west a distance of one hundred thirty-
on Vhtnd twenty-six one-hundredths (131.26) feet
to dint, the point and place of BEGINNING.
BEING Lot No. 29 on the Plan of Westover
Gardens, which plan is recorded in the office of
the Recorder of Deeds of Cumberland County,
Pennsylvania, in Plan Book 46, Page 126.
CONTAINING 15,217.281 square feet.
UNDER AND SUBJECT to all applicable
restrictions, reservations, easements and rights-
of-way of record including but not limited to
a Declaration dated December 10, 1984 and
recorded on December 10, 1984 in the Office of
the Recorder of Deeds of Cumberland County,
Pennsylvania in Misc. Book Volume 301, Page
372 and the Amendment thereto dated August
19, 1985 and recorded on August 20, 1985 in
the Office aforesaid in Misc. Book Volume 308.
Page 372.
ALSO UNDER AND SUBJECT to two sanitary
sewer easements and a drainage easement,